Hollaway v. Hollaway

329 P.3d 320, 133 Haw. 415, 99 A.L.R. 6th 747, 2014 Haw. App. LEXIS 200
CourtHawaii Intermediate Court of Appeals
DecidedApril 30, 2014
DocketNo. CAAP-12-0000816
StatusPublished
Cited by4 cases

This text of 329 P.3d 320 (Hollaway v. Hollaway) 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
Hollaway v. Hollaway, 329 P.3d 320, 133 Haw. 415, 99 A.L.R. 6th 747, 2014 Haw. App. LEXIS 200 (hawapp 2014).

Opinion

Opinion of the Court by

REIFURTH, J.

Defendant-Appellant Joshua David Hollaway (“Father”) appeals from the Order Re: Plaintiffs Motion for Post-Decree Relief Filed June 6, 2011, (“Custody Modification Order”) entered on September 12, 2012, in the Family Court of the First Circuit (“Family Court”),1 which modified the original joint custody arrangement between Father and Samena Aliya Hollaway, nka Samena Aliya Nordkvist (“Mother”) by giving Mother sole custody regarding educational decisions made on behalf of their son (“Son”). Speeifi-[417]*417cally, Father challenges certain findings of fact (“FOF”) and conclusions of law (“COL”) in the Family Court’s Findings of Fact and Conclusions of Law filed on November 15, 2012 (“FOF/COL”).2 We vacate the Custody Modification Order and associated FOF and COL for lack of substantial evidence in support of the Family Court’s key findings.

1. BACKGROUND

Father and Mother (collectively, “Parents”) were divorced on December 16, 2004, pursuant to a Divorce Decree. The Divorce Decree established that Parents would share joint legal and physical custody of Son. It did not specify how future decisions would be made on behalf of Son, or how Parents should proceed if they were unable to jointly make such decisions.

Parents originally enrolled Son in Palisades Elementary School (“Palisades”) which he attended from kindergarten through sixth grade. If not enrolled in a private school, Son would normally next attend Highlands Intermediate School (“Highlands”).

Mother, however, preferred to enroll Son in a private school, eventually focusing on Kamehameha Schools (“Kamehameha”). Father, an atheist, objected to Son’s enrollment in any non-secular school, and to Kamehameha in particular, contending that it is a Christian school. The school’s purported religious aspect does not form a basis for Mother’s preference. Father also objected to Kamehameha on grounds that it maintains a “racially selective admissions policy,” preferring those of Hawaiian ancestry.

Parents found themselves at an impasse. Mother filed her Motion and Affidavit for Posb-Decree Relief, in which she sought an order directing Father to cooperate with her efforts to enroll Son at Kamehameha.

On September 20, 2011, at the hearing on Mother’s motion, the parties presented the following testimony relevant to the merits of each school option.3

DIRECT EXAMINATION Fof Mother!

Q [by Mother’s counsel] What’s your experience with [Kamehameha]?
A [M]y brother attended [Kamehameha]. And he would always talk about the resources they had, the field trips that he went on, the college prep that he received.
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A Kamehameha I think is one of the best schools on this island. There is a cultural relationship to our family. [Son] is Hawaiian. He’s also a very intelligent child who I think would benefit from the resources at Kamehameha.
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Q Okay. What about the academics? I mean, going to right now, is [Son] being challenged at Palisades right now or how is he handling the work?
A I don’t feel that he is being challenged. He has skipped a grade.... [H]e often complains to me that he has to do work that’s harder than the other kids, it’s not fair.
They have a reading program at school where he has to read either a bigger book or a harder book than the other kids because he is so advanced.
I don’t really feel that he’s being challenged. He just flies through his homework and I would ... like for it to be a little bit challenging for him.
Q Okay. And you feel that Kamehameha would be some possible advan—
A Yes.
Q —advantage to him in that department?
[418]*418A Yes. I feel that the curriculum there is at a higher standard.
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CROSS EXAMINATION fof Mother!
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Q [by Father’s counsel] ... I think you had indicated that in your view [Kamehameha’s] curriculum would be superior to the curriculum of the school he’s attending now?
A That’s correct.
Q What do you base that on? What is [Kamehameha’s] curriculum?
A I base it on friends and family that has went there and a comparison to the math level that my brother was in while he was there and he’s younger than me. It was much higher and accelerated than the level of math that I was in. And I’m ... not a poor student. I was considered above average in my class in GPA
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A ... They also have an extensive band. [Son’s] very interested in music. And he likes computers. To put together like little movies and slide show. They have a program over there for that. I just thought that would be interesting for him.
Q Have you ever heard of the Pearl City High School marching band?
A I was in that.
Q Have you heard of the Mililani High School marching band?
A Yes.
Q Those schools also have large bands[,] correct?
A Yes.
Q All right. I wanna ask you though, if you can be a little more specific about— is your opinion about the relative currícu-lums of [Kamehameha] and some public school based solely on the fact that your brother, you perceived him to have harder math than you? Is that the data base that you’re relying on?
A No, not the only—not the only thing.
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Q Tell me any facts that you’re aware of on which you base your opinion that [Kamehameha] has a superior curriculum?
A Okay. I base the fact that every year they have colleges that go in, big—you know, reputable colleges like MIT. They go in there and prep the kids to either apply for these or recruit them to apply for their colleges. They ... win a lot of awards. Their band is great. Their—they have math, um—a math achievement—I mean, those are the things that I base it on.
Q Okay. Would you agree with me that your son would excel at any school? That he has the—
A Yes, I believe he’s—
Q —intellectual horse power?
A Yeah, I believe he’s very smart, yes.
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DIRECT EXAMINATION [of Father]
Q [by Father’s counsel] ... What is your perception as to why [Son] would like to be at Highlands Intermediate?
A ... [Highlands has] a strong robotics program ... that has made the national finals the last two years.
Q Okay.

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Cite This Page — Counsel Stack

Bluebook (online)
329 P.3d 320, 133 Haw. 415, 99 A.L.R. 6th 747, 2014 Haw. App. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hollaway-v-hollaway-hawapp-2014.