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Hawaii Revised Statutes Division 3. Property; Family § 551G-13

Current as of January 01, 2025 | Updated by Findlaw Staff

A court of the State of Hawaii has jurisdiction to appoint a guardian or issue a protective order for a respondent if:

(1) The State of Hawaii is the respondent's home state;

(2) On the date the petition is filed, the State of Hawaii is considered to be a significant-connection state and:

(A) The respondent does not have a home state or a court of the respondent's home state has declined to exercise jurisdiction because the State of Hawaii is a more appropriate forum; or

(B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and before the court makes the appointment or issues the order:

(i) A petition for an appointment or order is not filed in the respondent's home state;

(ii) An objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and

(iii) The court of the State of Hawaii concludes that it is an appropriate forum under the factors set forth in section 551G-16;

(3) The State of Hawaii does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because forum and jurisdiction is more appropriate in the State of Hawaii and would be consistent with the United States Constitution and Hawaii state constitution; or

(4) The requirements for special jurisdiction under section 551G-14 are met.

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Cite this article: FindLaw.com - Hawaii Revised Statutes Division 3. Property; Family § 551G-13 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-3-property-family/hi-rev-st-sect-551g-13/

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