Hawaii Family Court Forms and Filing Guide for Custody Cases

Hawaii's Family Court system processes all custody, divorce, and paternity cases through four judicial circuits — each with its own courthouse, its own form numbering system, and its own procedural quirks. Knowing which court you're filing in, which forms you need, and how to submit them correctly is the unglamorous foundation that everything else depends on.

Which Circuit Are You In?

You file in the Family Court of the circuit where you're domiciled (where you live with the intent to stay). Under the 2021 amendment to HRS § 580-1, there is no six-month residency waiting period for divorce filings — you can file based on current domicile.

Each circuit uses a different form prefix (1F for First Circuit, 2F for Second, etc.), so downloading the wrong circuit's forms means starting over.

Core Forms for Custody Cases

Whether you're filing for divorce with children or a standalone paternity action, the core custody-related forms include:

Complaint for Divorce (with children). The primary filing document. First Circuit uses Form 1F-P-2039. Other circuits have equivalent forms with their own numbering. Filing fee: $265 (includes the $50 Kids First parent education surcharge).

Proposed Parenting Plan. Required in all contested custody cases under HRS § 571-46.5. First Circuit form is 1F-P-796 (shorter version) or 1F-P-859 (detailed version with holiday schedules). You must file either a joint agreed-upon plan or your own proposed plan.

Matrimonial Action Information (MAI). A cover sheet providing basic case information — names, addresses, children's names and ages, employment details.

Income and Expense Statement. Required for child support calculations. Must be exchanged within 60 days of filing.

Asset and Debt Statement. Lists all marital and separate property. Used for both property division and understanding each parent's financial capacity.

Child Support Guidelines Worksheet. The official calculation form based on Hawaii's modified Melson formula. Uses the 2024 Guidelines (effective April 1, 2024).

Electronic Filing Through JEFS

Hawaii has migrated family court filings to the Judiciary Electronic Filing and Service System (JEFS). Attorneys are required to use it. Self-represented litigants have two options:

File electronically. Register for a JEFS account and receive a WEBU user identification number. Upload documents as PDFs. Pay filing fees through Tyler Technologies (a small processing fee applies).

File in person. Walk into the clerk's office in your circuit with physical copies. Pay by cash, money order, cashier's check, or approved credit/debit card.

If you choose JEFS, format requirements matter. Documents must be standard letter size (8.5" x 11"), PDF format, with text readable by the court (no handwritten forms unless the court specifically provides fill-in-the-blank versions).

Public access to filed documents is available through the eCourt Kokua portal — you can track your case status, view filed documents, and check hearing schedules.

Fee Waivers

If you cannot afford the $265 filing fee, you can request a waiver by filing an Ex Parte Motion and Affidavit to Waive Filing Fees (In Forma Pauperis) under HRS § 607-3. The affidavit requires you to disclose your income, assets, expenses, and the reasons you cannot pay. The court reviews the affidavit and either grants or denies the waiver — there is no hearing.

Self-Help Resources by Circuit

Each circuit operates a Self-Help Center at the courthouse where staff can help you identify the correct forms, understand filing procedures, and navigate the court system. They cannot give legal advice — they can tell you which form to use, but not what to write on it.

The Hawaii Judiciary website publishes circuit-specific form packets for common case types (divorce with children, divorce without children, paternity, custody modification). These packets include instructions, but the instructions focus on procedural compliance — they don't explain how to draft a parenting plan that covers all the elements a judge expects to see.

Volunteer Legal Services Hawaii (VLSH) offers free interactive court form interviews that walk you through completing the most common family court forms online. Legal Aid Society of Hawaii provides direct representation for parents meeting income eligibility (generally under 125% of the federal poverty level).

Common Filing Mistakes

Wrong circuit. Filing in the circuit where your ex lives instead of where you're domiciled. The case gets dismissed or transferred, costing weeks.

Missing the parenting plan. Filing the complaint without a proposed parenting plan. Under HRS § 571-46.5, the plan is mandatory in contested cases — filing without one signals to the court that you haven't prepared.

Incomplete financial disclosures. Failure to exchange Income and Expense Statements within 60 days can result in sanctions and delays. Gather three years of tax returns and recent pay stubs before filing.

Using outdated forms. Court forms are updated periodically, and some online sources host outdated versions. Always download directly from the Hawaii State Judiciary website for your specific circuit.

The Hawaii Child Custody & Parenting Plan Guide provides a circuit-by-circuit filing roadmap alongside the worksheets and templates needed to complete the parenting plan, child support calculation, and financial disclosures that the court's blank forms require but don't explain.

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