How to Make a Parenting Plan in Hawaii

Under HRS § 571-46.5, every parent involved in a contested custody case in Hawaii must file a parenting plan with the Family Court. You can submit one agreed plan together, or each file your own proposed version. Either way, the plan needs to be detailed — vague language like "reasonable visitation" invites future disputes and gives the judge less confidence in your preparation.

What Hawaii Law Requires in a Parenting Plan

HRS § 571-46.5(c) mandates that your plan address all of the following:

Residential schedule: A specific calendar showing which parent has the child on each day, including transition times and exchange locations. "Every other weekend" is not enough detail — specify Friday at 5:00 PM through Sunday at 6:00 PM, and name the exchange point (school, a neutral public location, or a parent's residence).

Holiday and vacation schedule: A rotation for major holidays (Thanksgiving, Christmas, New Year's, Spring Break, birthdays), typically alternating by odd/even years. Include summer vacation blocks and three-day weekends.

Decision-making allocation: Whether legal custody is joint or sole, and the specific protocol for emergency versus non-emergency decisions. For joint legal custody, spell out how disagreements get resolved — does one parent have final say on education while the other handles medical decisions, or do all major decisions require consensus?

Breastfeeding accommodations: HRS § 571-46.5(c)(4) specifically requires the plan to address the needs of a breastfeeding infant. This can restrict extended overnights away from the nursing mother for very young children.

Communication rules: How each parent can reach the child (phone, video calls, text), how often, and at what times. Prohibit monitoring or interfering with the child's communication with the other parent.

Right of first refusal: If one parent can't care for the child during their scheduled time (say, a work trip), they must offer the other parent the opportunity before calling a babysitter. Specify the threshold (typically 4–6 hours).

Inter-island travel: If either parent lives on a different island or might relocate, address who accompanies the child on flights, the age for unaccompanied minor travel, flight notification requirements, and how travel costs are split.

Relocation notice: A clause requiring 60 days' written advance notice before any parent moves, including the new address, the reason, and a proposed revised schedule.

Choosing a Schedule That Works

The right schedule depends on your child's age, the level of conflict between parents, and how close you live to each other.

Alternating weeks (7-7): Each parent gets a full week. Works well for school-age children in low-conflict families. The downside is a seven-day separation, which can strain attachment for younger children.

3-4-4-3 rotation: Parent A gets Sunday through Tuesday (3 days), Parent B gets Wednesday through Saturday (4 days), then they swap the following week. Frequent contact with both parents — ideal for toddlers and preschoolers. Requires parents to live close together.

2-2-5-5: Parent A always has Monday-Tuesday; Parent B always has Wednesday-Thursday; they alternate the three-day weekend. Consistent weekdays simplify school and work scheduling.

Alternating weekends with midweek dinner: The child lives primarily with one parent and visits the other every other weekend plus one weeknight dinner. Fits high-conflict situations or when parents live far apart.

Common Mistakes to Avoid

Being too vague: "The parents will share holidays" means nothing when Thanksgiving arrives and both parents want the child. Specify exactly which parent gets which holiday in which year.

Ignoring logistics: Hawaii's geography means custody exchanges can involve ferries, inter-island flights, or long drives across an island. Your plan should name specific exchange locations and account for travel time.

Forgetting the child's input for older children: While Hawaii doesn't give children a formal right to choose their custodial parent, judges consider a mature child's preferences. If your teenager has strong feelings about the schedule, acknowledge them in your proposal.

Skipping the dispute resolution clause: Include a process for handling disagreements — mediation before court. Without it, every scheduling conflict becomes a potential motion.

Filing Your Plan

First Circuit (Oahu) uses Form 1F-P-796 (Proposed Parenting Plan) and Form 1F-P-859 for detailed scheduling. Other circuits may use different form numbers but require the same substantive content. File your plan with the initial complaint or as directed by the court.

The Hawaii Child Custody & Parenting Plan Guide includes worksheet templates that walk you through each required section, plus overnight-tracking tools to align your schedule with the child support thresholds.

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