W.G. v. D.S.

Summary

The Hawai‘i Intermediate Court of Appeals vacated a Family Court order awarding the father temporary sole physical and legal custody of the parties’ child. The court held that the Family Court failed to make sufficient findings of fact and conclusions of law, including an analysis of the statutory best-interest factors and the wishes of the child, to permit meaningful appellate review, and remanded for further proceedings.

Holdings

1. The Family Court's custody order was inadequate because it did not provide sufficient findings of fact and conclusions of law explaining the evidentiary basis for the finding of extreme psychological abuse or the temporary custody award.
2. The Family Court was required to address the best-interests factors in HRS § 571-46(a), including the statutory consideration and due weight given to the wishes of a child of sufficient age and capacity to reason.
3. When the lower court fails to issue findings sufficient to enable meaningful appellate review, the appellate court may not conduct its own evidentiary analysis.

Questions Presented

1. Whether the Family Court's custody order contained sufficient findings of fact and conclusions of law to permit meaningful appellate review.
2. Whether the Family Court was required to address the statutory best-interests factors under HRS § 571-46(a), including the wishes of a child of sufficient age and capacity to reason.
3. Whether the appellate court could independently assess the evidentiary basis for the custody order when the Family Court failed to make adequate findings.

Disposition

vacated