The rest of what we have written about Hawaii. Every figure is quoted from Hawaii’s own statute or its courts’ own published schedule, and carries the date we last checked it.
Guardians ad litem and child representation in Hawaii: who they are, what they owe your child, and who pays
If custody is contested in Hawaii, the court can appoint someone to look into your family and report to the judge. This page is what Hawaii’s own statutes and court rules say about who that person is, what duty they owe, and — the part almost nobody asks in time — who pays for them.
See a different stateHawaii
Everything below is traced to Hawaii’s own statute or court rule, quoted where the wording matters. Where we could not verify something from a primary source, the page says so in plain terms rather than filling the space. This is information, not legal advice. Corrections go up at thecusp.app/corrections.
What the role is called here
Names matter more than they look. A guardian ad litem generally argues for what they judge is best for your child and is not your child’s lawyer. An attorney for the child argues for what your child actually wants. Those are opposite duties. The four roles, explained in full.
How an appointment happens
The court may appoint a guardian ad litem to represent the interests of the child and may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by either or both parties as the circumstances may justify
Source: Haw. Rev. Stat. § 571-46(a)(8) · source
What duty they owe your child
The court may appoint a guardian ad litem to represent the interests of the child
Source: Haw. Rev. Stat. § 571-46(a)(8) · source
Who can be appointed
HRS § 571-46(a)(8) does not specify a professional qualification for the guardian ad litem, and no Hawaii statute or published Family Court rule stating an attorney requirement (or lack thereof) for a private-custody GAL could be located and verified.
Who pays
may assess the reasonable fees and expenses of the guardian ad litem as costs of the action, payable in whole or in part by either or both parties as the circumstances may justify
Source: Haw. Rev. Stat. § 571-46(a)(8); Haw. Rev. Stat. § 571-87 · source
Haw. Rev. Stat. § 571-87(a): where a party requesting appointment of a guardian ad litem or counsel satisfies the chapter 802 indigency standard, the judge shall appoint the guardian ad litem/counsel, and compensation is paid by the judiciary rather than the parties, subject to statutory rate caps in § 571-87(b)-(c).
Haw. Rev. Stat. § 571-87(b)-(c): $90/hour for in-court services by an attorney, $60/hour for out-of-court attorney services and all non-attorney services, subject to a $3,000 per-case maximum absent administrative-judge approval for extraordinary circumstances (applies to state-paid, indigency-linked appointments under chs. 560, 571, 580, and 584).
Custody evaluations
Hawaii governs court-ordered custody evaluations and investigations separately from the appointment of a guardian ad litem. An evaluator is a witness, not an advocate — and their recommendation is a recommendation, not a ruling a judge is bound by.
Source: Haw. Rev. Stat. § 571-46(a)(4); Haw. Rev. Stat. § 571-46.4 · source
Before an evaluation begins, it is worth asking which psychological instruments will be used. The peer-reviewed literature is openly critical of several still in circulation — one has interrater reliability reported as ranging from 50% to 100%. The evidence, in full.
The thing worth knowing about Hawaii
Hawaii’s evaluator-qualification statute, HRS § 571-46.4, explicitly allows a licensed marriage and family therapist, psychiatrist, psychologist, or clinical social worker to serve as a court-appointed child custody evaluator (and even permits unlicensed but trained individuals when licensed evaluators are unavailable or by stipulation) — evaluators need not be attorneys.
What we could not verify
For Hawaii we could not confirm the following from a primary source, and we would rather say so than guess:
- what duty the appointee owes
- whether the appointee must be a lawyer
If you practice in Hawaii and can point us at the right provision, tell us. Corrections are published with the date, what changed, and how long the error was live.
Other states
Related
- Guardians ad litem, child’s attorneys and custody evaluators — the four roles, the science, and what to ask
- Hawaii child custody — how custody is decided here
- Getting your finances in order — including who pays the lawyers
- Co-parenting — after the order is made