Rule 54.2.Modification of Judgments.
Current through July 1, 2026 · Last verified September 11, 2026
Full Text of Rule 54.2
Amendment History
The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.
Plain-English Summary
A proposed stipulation establishing or amending custody or visitation of minor children will not be approved without a showing that the proposal is in the best interests of the children. Agreement between the parents is not enough on its own. Unless the court waives it, both parties must sign.
The second subdivision protects someone who is not a party. Where a party seeks to modify or terminate orders for the support, maintenance and education of children because a child has reached the age of majority, the motion or pleading must be served on the adult child as well as the adverse party.
A stipulation doing the same thing by agreement carries a matching requirement: it is not approved unless the adult child affected has approved it too, or an affidavit or declaration supplies the substitute the rule allows. The adult child has a stake in support that continues past majority, and the rule gives them notice and a voice rather than letting the parents settle it between themselves.
Frequently Asked Questions
Can parents agree to change custody in Hawaii?
They may propose a stipulation, but it will not be approved without a showing that the proposal is in the best interests of the children, and unless waived both parties must sign.
Who must be served when support is modified at majority?
The adult child, in addition to the adverse party, in the manner these rules provide for service.
Does the adult child have to agree to a stipulation reducing support?
A stipulation reducing or terminating child support on a child attaining majority is not approved unless the affected adult child has approved it in addition to the parties, or the affidavit or declaration route the rule allows is used.
Why is the adult child involved?
Support, maintenance and education can continue past the age of majority, so the person whose support is at stake is given notice and a say.
What if only one parent signs the stipulation?
Both parties must sign unless the court waives the requirement.