Important Tips

1. DOCUMENT EVERYTHING (date/time/detailed description of the offense). Email and text messages must include the original date/time stamp for submitting as evidence. Keep a good filing system for all your documents and don’t give away any originals unless you are required to do so. Make copies and keep a digital folder of all your exhibits and court documents on your Google drive or cloud.

2. Empower yourself with helpful apps!

We recommend the following apps to help you archive and keep track of important incidents, communications, and potential exhibits for your case (iPhone based - Android phones usually have an equivalent):

• TinyScanner SE - enables you to scan documents via your phone and save/email them in PDF or JPEG formats.

• TapeACall - enables you to record incoming and outgoing calls made on your cell phone.

• DayOne - enables you to start a time-stamped daily journal that you may integrate into your social media, add photos, documents, etc.

A Cautionary Note

Custody Evaluators, GALs, and Other Third-Party “Experts”

In Hawaiʻi, third-party professionals invested with quasi-judicial authority and immunity to investigate reports of domestic violence or child sexual abuse are often untrained in identifying or assessing domestic violence or intrafamilial child sexual abuse. And, they are not statutorily prohibited from committing professional ethical violations such as nondisclosure of conflicts of interests; discriminatory bias on the basis of race, sex, religion, or gender; intentional omissions of evidence; intentional misstatements of facts; committing acts of intimidation or coercion; and other bad acts.

Custody evaluators, GALs, and Child Welfare Service social workers/investigators, may abuse their power in custody cases without accountability.

Remember Your Rights

• CUSTODY EVALUATORS (CE): You have the right to refuse to consent to a custody evaluation conducted by a private third-party professional (CE). Still, even if the court requires a court-appointed CE, which is different than a permissive private third-party CE, you have the right to object to it for the record, stating the current lack of regulation over custody evaluators, rampant bias, lack of accountability, and the inability for transparent third-party work-product reviews, (because a CE is not required to deliver any evidence or documentation substantiating her report in such reviews. Nor do CEs need to follow a statutory code of conduct, thus, they essentially may not be held accountable for misconduct affecting your case.

• Some custody evaluators will attempt to charge you large fees to cross-examine them in court if their report is biased. This is unethical and, if it happens, you may want to object to this in court, for the record.

• If you have the money for a “work review” of the custody evaluator’s findings, the CE is not required to submit her entire record or any documentation that substantiated her findings. Work reviews cost a minimum of $5000.

  Some private CEs charge over $20,000 per custody evaluation and may charge more fees for the “privilege” of cross-examining that CE (sometimes up to another $20,000).

• Many CEs believe and implement the junk science of parental alienation, which favors father-controlled custody even when fathers are the perpetrators of domestic violence or incest of your child, so be warned. Parental alienation has become a $28 billion-dollar industry benefiting private CEs, therapists, and attorneys, at the expense of domestic violence and incest victims in the custody court process.

• If you feel that a CE has violated your constitutional rights or committed some other ethical violation, it is strongly suggested that your objection to such violations be noted in detail for the trial court record soon after the offense has occurred, or when you become apprised to the misconduct.

• And, if parental alienation tis counter-alleged, object to its use as a junk science that also may be unconstitutional in violation of the 5th and 14th Amendments to the U.S. Constitution (substantive and procedural due process and equal protection).

• Parents have a “fundamental liberty interest to the care and custody of their child” which requires an “exceedingly persuasive” (intermediate scrutiny) reason to justify any abrogation of your custody.

• Remember, make sure your objections are on the court record for successful future appellate review. And think about substantiating your claim in family court (not during appeal), with in-person and written testimony provided by an expert. See Parental Alienation for more info.

  CE COMPLAINT PROCESS: While there is an avenue to submit complaints pertaining to CEs who have acted unethically, it is a process that has no time limit. But, do your due diligence and file your complaint anyway.

  To initiate this process, visit this link and scroll down to “Child Custody Evaluators” and fill out a “Notice of Intent to File a Complaint ...” form. Once you fill out and submit the paperwork, your intent form may most likely be given by the judiciary to the State DCCA RICO office who will ask you to fill out their complaint form to get an investigation started.

  You can try to get a faster response by filing a complaint in both agencies simultaneously, but remember that the RICO office has no time limit on their investigations. Click this link for the DCCA RICO Complaint Form. Until the State creates a better protocol for complaints, do both if you have time, but you may not want to rely on them for full relief.
  

• CHILD WELFARE SERVICES (CWS): You have the right to refuse entry to a child welfare services agent who does not have a court order to enter your home or take your child. Even if they have police with them, they must have a court order or search warrant. If this happens to you, politely refuse entry and request the CWS agent to arrange an appointment with you via email. Also, bring your child to the door so that the CWS agent can see that your child is safe with you. Politely mention that you have the right to refuse them entry under the 4th Amendment of the U.S. Constitution.

  In cases where there is a court order or search warrant, do not resist. You have the right to stay silent, but state that you do not want to answer any of their questions without the presence of an attorney. Simply state to them that you are invoking your 5th Amendment right under the U.S. Constitution. The court must appoint you an attorney, if you cannot afford one, in any case seeking the termination of your custodial rights.

  The court must also provide you with a “meaningful opportunity” to hear your side of the story in a “meaningful manner” so that you may object to the taking of your child. Make sure that your objection, and any evidence supporting your position, is admitted to the court record. If this right is denied, make sure that you object for the record. A trial-level judge may not threaten you to discourage you from submitting evidence, testimony, or to any of your objections for the record in attempts to prevent you from appealing the case.

  • CWS does not need to inform you of an impending home visit, but you have the right to deny a surprise visit if they do not have a warrant or order to enter your home or if your child is not in immediate danger.

  • CWS may investigate false claims made against you, so be prepared for this as a retaliatory tactic initiated by your abuser and mention it in court along with the name of the CWS investigator, their phone number, job title, date and time of the visit, and if possible, the case number and allegation reported.

  • CWS does not need your permission to talk to your child alone. And they can approach your child at their school.

  • As best possible, do not discuss this matter with your child/children, but remind them that the visit was not because either of you did anything wrong, but if they see the agent again, tell your child to answer their questions truthfully. Older children may feel the need to protect you and may become aggressive or difficult with CWS investigators. This could be detrimental to your case because of the junk science of parental alienation. Instead, gently and calmly inform your child/children that CWS is just doing their job to find the truth.