8 Haw. App. 139 - Maeda v. Maeda’s Empirical Analysis

Citation profile

18 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “HRS § 571-46 gives the family court the power, where wan-anted by the facts, to award sole legal and physical custody of a child to his mother subject to the condition subsequent that the award of [the child’s] custody to [the child’s] mother will be automatically terminated and awarded to [the child’s] father ... when [the child’s] mother effectuates her plans to move with the child to a new residence out of the family court's jurisdiction.”

   2 later decisions quote this exact passage · from the majority
   e.g. Inoue v. Inoue · Fisher v. Fisher

2. “In the actions for divorce, ... or any other proceeding where there is at issue a dispute as to the custody of a minor child, the court, during the pendency of the action, at the final hearing, or any time during the minority of the child, may make an order for the custody of the minor child as may seem necessary or proper. In awarding the custody, the court shall be guided by the following standards, considerations, and procedures: (1) Custody should be awarded to either parent or to both parents according to the best interests of the child; [[Image here]] (4) Whenever good cause appears therefor, the court may require an investigation and report concerning the care, welfare, and custody of any minor child of the parties. When so directed by the court, investigators or professional personnel attached to or assisting the court shall make investigations and reports which shall be made available to all interested parties and counsel before hearing, and the reports may be received in evidence if no objection is made and, if objection is made, may be received in evidence; provided the person or persons responsible for the report are available for cross-examination as to any matter that has been investigated; (5) The court may hear the testimony of any person or expert, produced by any party or upon the court’s own motion, whose skill, insight, knowledge, or experience is such that the person’s or expert’s testimony is relevant to a just and reasonable determination of what is for”

   1 later decision quote this exact passage · from the majority
   e.g. Fisher v. Fisher

3. “Mother has a right to Son’s legal and physical custody only when it is in Son’s best interests. Here, the family court’s decision is not based on Mother’s planned move from Hawai‘i to somewhere in California or Florida. It is based on the lack of any relevant evidence to determine the effects Mother’s move with Son will have on Son. Mother is free to move. If she moves, however, her existing legal right to Son’s physical custody is automatically terminated and awarded to Father until she proves in court, as a matter of fact, that it will be in Son’s best interests to move with her. In the usual case, if it is in a child’s best interests to be in the mother’s sole legal and physical custody, that will be true no matter where the mother chooses to live with her child. See Estrella v. Estrella, 43 Haw. 210 (1959). In this case, however, the evidence forced the family court to choose between a situation and circumstances in Hawaii that are known to be beneficial to Son, even if Mother is elsewhere, and an unknown situation and circumstances in California or Florida. As noted above, the family court’s ultimate finding of fact, that it would be in Son’s best interests to remain with Father in Hilo if Mother leaves Hawaii, is not clearly erroneous.”

   1 later decision quote this exact passage · from the majority
   e.g. Fisher v. Fisher