Custody & visitation provisions in an Order For Protection are temporary only

Jun 27, 2017

M.N. v. A.N. (TRO)
Hawaii Intermediate Court of Appeals (SDO)
June 20, 2017

Stipulated custody and visitation orders contained in an Order for Protection are temporary orders, under HRS 586-5.5, subject to modification later in the appropriate custody matter (divorce or paternity). A party seeking to vacate an Order for Protection, will not find relief via a claim for breach of contract.

“… even if the parties contemplated visitation rights as being part of the Order for Protection, HRS 586-5.5 clearly establishes that such rights would
be temporary.”

Opinion here: http://www.courts.state.hi.us/wp-content/uploads/2017/06/CAAP-16-0000585sdo.pdf

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