In re: DS

Hawaii Supreme Court·Decided April 29, 2026·No. SCPW-25-0000444·Published

Opinion

Electronically Filed Supreme Court SCPW-XX-XXXXXXX 29-APR-2026 10:19 AM Dkt. 215 ODMR

SCPW-XX-XXXXXXX

IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________

IN RE DS ________________________________________________________________

ORIGINAL PROCEEDING (CASE NO. 3DV121000235)

ORDER (By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ., and Circuit Judge Cahill, assigned by reason of vacancy)

On April 20, 2026, Petitioner filed two petitions for writ

of mandamus at dockets 191 and 193. The petition filed at

docket 191 was sealed because it contained the name of the minor

child. We strike this petition for failure to comply with Rules

2.19 and 9.1 of the Hawaiʻi Court Records Rules.

Upon consideration of the petition filed at docket 193 and

the record, as already stated in our April 22, 2026 order, the

family court’s post-divorce decree custody and visitation orders

are appealable, and this original proceeding is not intended to

be used in lieu of normal appellate procedures. See Womble Bond

Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537 P.3d 1154, 1166 (2023). It is ordered that the petition filed at docket

193 is denied.

On April 27, 2026, Petitioner filed a motion for

reconsideration of this court’s April 22, 2026 order. Upon

consideration of the motion for reconsideration and the record,

this court has not overlooked or misapprehended points of law or

fact. See Hawaiʻi Rules of Appellate Procedure Rule 40(b)

(2000). It is ordered that the motion for reconsideration is

denied.

It is also ordered that Petitioner may file one motion for

reconsideration from this order that strikes the petition filed

at docket 191, and denies the petition filed at docket 193.

This proceeding is closed with the exception of this one motion

for reconsideration. Any other petitions or motions that are

filed after the filing of this order will be stricken.

DATED: Honolulu, Hawaiʻi, April 29, 2026.

/s/ Sabrina S. McKenna

/s/ Todd W. Eddins

/s/ Lisa M. Ginoza

/s/ Vladimir P. Devens

/s/ Peter T. Cahill

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Related

Womble Bond Dickinson v. Kim
537 P.3d 1154 (Hawaii Supreme Court, 2023)