Camerlingo v. Camerlingo

961 P.2d 1162, 88 Haw. 68, 1998 Haw. App. LEXIS 133
CourtHawaii Intermediate Court of Appeals
DecidedJuly 20, 1998
Docket20775
StatusPublished
Cited by3 cases

This text of 961 P.2d 1162 (Camerlingo v. Camerlingo) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Camerlingo v. Camerlingo, 961 P.2d 1162, 88 Haw. 68, 1998 Haw. App. LEXIS 133 (hawapp 1998).

Opinion

ACOBA, Judge.

We hold that Hawai'i Revised Statutes (HRS) § 571-46(7) (1993) does not mandate a court, upon a grandparent’s request, to award the grandparent rights of visitation with his or her grandchild. Instead, HRS § 571-46(7) generally leaves the issue of “[r]easonable visitation rights” of grandparents to “the discretion of the court,” while precluding the award of such rights if “it is shown that rights of visitation are detrimental to the best interests of the ehild[.]” Further, we hold that, in determining whether to award visitation rights to a grandparent pursuant to HRS § 571-46(7), a court may properly consider the effect of such an award on the visitation time of the non-eustodial parent.

Accordingly, we conclude that the family court of the third circuit (the family court) correctly determined, under the circumstances of this ease, that it was “not required to specifically establish separate rights of visitation for a grandparent when contact with the child is available to the grandparent during the visitation time of a parent.” We also believe the family court’s findings that it would not be in the best interests of the female child in the instant ease (Child) to award specific rights of visitation to her paternal grandmother, Intervenor-Appellant Dorothy Camer (Grandmother), were not clearly erroneous. We therefore affirm the family court’s May 19, 1997 findings of fact, conclusions of law, and order regarding visitation with Child.

I.

A.

On July 24, 1991, Child was born to Plaintiff-Appellee Lori Jean H. Camerlingo, nka Lori Jean H. Kim, (Mother) and Defendants Appellee Kirk Camerlingo (Father).

Mother and Father married on July 6, 1992, separated on July 18, 1993, and divorced on October 22,1993.

The October 22, 1993 divorce decree awarded custody of Child to Mother, with *70 restricted rights of visitation to Father. In relevant part, this decree provided:

18. [Father] can see [Child] once a week. Visits must be supervised by someone of [Mother’s] choice. [Mother] will make bona fide efforts to attempt to have [Father] see [Child] more often if possible.

In February 1994, Mother and Father reconciled and lived together with Child until they separated again in January 1995.

B.

On January 12,1996, Father filed an order to show cause seeking a “specific visitation schedule” and unsupervised visitation for himself.

At a February 21,1996 hearing, the family court orally ordered Mother and Father to consult with Dr. Theresia Presbrey (Dr. Presbrey) to obtain an evaluation of Child and themselves. 1 On February 26, 1996, the family court also entered a written order appointing a guardian ad litem (the guardian) for Child.

In an April 10, 1996 written order, the family court found that a psychological evaluation of Mother, Father, and Child “would be helpful ... in determining [Father’s] rights of visitation” and thus reduced its oral order concerning Dr. Presbrey to written form. Finding also that “it would be in [Child’s] best interests if a Guardian Ad Litem was appointed for [Child] to represent her interests in these proceedings!,]” the family court reiterated its prior order appointing the guardian and directed the guardian to “prepare a written report of his or her recommendations regarding [Father’s] rights to unsupervised visitation with [Child] upon the completion of his or her investigation of th[e] issue.”

On May 8, 1996, the guardian filed her written report. The guardian adopted Dr. Presbrey’s recommendation that Father’s visitation continue to be supervised until he successfully completed therapy and parenting classes. The guardian also advised that Dr. Presbrey recommend, “when she feels the time is appropriate[,]” that Father be given unsupervised visitation.

On June 5, 1996, Mother’s and Father’s counsel stipulated that Father would continue his supervised visits with Child and would attend therapy and parenting classes.

C.

On June 13, 1996, Grandmother filed a motion pursuant to Hawaii Family Court Rules 7, 20, and 24 2 to intervene in the proceedings to gain rights of visitation with Child.

On July 29, 1996, the family court orally granted Grandmother’s motion to intervene. Although apparently no written order to this effect was entered, Grandmother entered a pro se appearance and participated in the custody proceedings.

D.

The family court heard evidence on September 13, October 14, and October 28, 1996, and March 21,1997.

On May 19, 1997, the family court entered findings of fact (findings), conclusions of law (conclusions), and an order.

The findings pertinent to this appeal are as follows:

13. [Child’s] immediate relatives live in several locations: [Mother] on [the island of 0‘ahu]; [Father] in Kona[, on the island of Hawaii]; the maternal grandparents in Hilo[;] [Grandmother] in Maryland[;] and the paternal grandfather in California. It would be difficult to grant specific visitation rights to each grandparent and still afford [Child] an adequate time with the non-custodial parent.
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24. Because of the intense hostility between the two families[,] it is in the best *71 interests of all concerned that contacts with grandparents be arranged through the parent in that family. Because [Child] has parents and grandparents in five different locations, it is not in [Child’s]' best interests to attempt to accommodate each grandparent with a specific visitation schedule.

(Emphases added.)

The following conclusions are relevant to this appeal:

27. [HRS § ] 571^16(7) provides that visitation rights shall be awarded to parents and grandparents in the discretion of the [family] court unless it is shown that rights of visitation[] are detrimental to the best interests of the child.
28. [Mother] has failed to demonstrate that visitations with [Father] and [Grandmother] are detrimental to the best interests of [Child].
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30. [The family court] is not required to specifically establish separate enforceable rights of visitation[] for a grandparent when contact with the child is available to the grandparent during the visitation time of a parent.

The order provided, in relevant part:

3. [Father] shall have the following rights of visitation[ ] with [Child]:
A. Over the next two months [Father] shall have

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Related

Doe v. Doe
44 P.3d 1085 (Hawaii Supreme Court, 2002)
Child Support Enforcement Agency v. Carlin
31 P.3d 230 (Hawaii Intermediate Court of Appeals, 2001)
In Re the Guardianship of Doe
4 P.3d 508 (Hawaii Intermediate Court of Appeals, 2000)

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Bluebook (online)
961 P.2d 1162, 88 Haw. 68, 1998 Haw. App. LEXIS 133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camerlingo-v-camerlingo-hawapp-1998.