2. The Changing American Family Family law has been impacted by the dramatic changes in family life which have occurred in America over the past half-century. Marriage has become less central to the life course, as individuals marry at older ages or not at all.5 “Divorce rates rose rapidly until the 1980s, and then plateaued and declined somewhat, although about half of marriages in the early 21st century were still predicted to end in divorce or permanent separation, and the majority of those who divorce will remarry within 10 years.”6 Cohabitation before (or instead of) marriage has become much more widespread, as the percentage of younger women whose first union was cohabitation rather than marriage increased by almost 50%.7 Meanwhile, non-marital childbearing has risen dramatically since the 1960s, and today over 40% of all births occur outside marriage.8 Rising union instability (owing to high rates of cohabitation, non-marital childbearing, divorce, and re-partnering) in the context of persistent fertility rates has led to an increase in family complexity.9
3. The Jurisdiction of the Hawai‘i Family Court The Hawai‘i Family Court is a “division of the Circuit Court,” a Court of equity, and a court of law.10 No trial court has greater, or broader, authority than the Family Court. Besides adjudicating family law cases, the Family Court is also charged with assisting families and children in need through a variety of special programs and services. “From its beginning, the Family Court has had a complex purpose. It was constituted as a Court of law, having the rights, powers and duties of a trial Court. As such, it was intended to adjudicate cases, to resolve disputes, to enforce the laws and to dispense justice. But, it was additionally constituted to investigate and respond to the underlying causes of family distress, disruption, and crime, and to provide a means for helping families involved in such difficulties.”11 4. Proceedings Adjudicated by the Hawai‘i Family Court The Family Court has the exclusive jurisdiction to legally determine 14 different types of judicial proceedings: divorce, separation and annulment proceedings
(FC-D); civil union divorce, separation and annulment proceedings (FC-CU); paternity proceedings (FC-P); adoption proceedings (FC-A); guardianship proceedings (FC-G); child protection proceedings (FC-S); juvenile proceedings (FC-J); domestic abuse proceedings (FCDA); adult protection proceedings (FCAA); family criminal proceedings (FCCR); interstate support proceedings (FCUIFSA); interstate custody proceedings (FC-UCCJEA); child support appeals proceedings (FC-AP); and miscellaneous proceedings (FC-M).12 5. Family Court Programs and Services The Family Court assists families and children in need through a variety of special programs and services.13 a. Self Help Centers The Judiciary operates its Ho‘okele self-help centers in all circuits in order to assist an ever-growing volume of unrepresented litigants, especially those involved in family law matters. In nearly 65% of the almost 4,000 First Circuit divorces filed in fiscal year 2013-2014 neither party had an attorney.14 The National Center for
State of Hawaii Family Court Filings (1996-2006) (Except Juvenile)
6 July 2015
HAWAII BAR JOURNAL