J.F. v. N.W.

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-OCT-2025
07:52 AM
Dkt. 82 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I

J.F., Petitioner-Appellee,
v.
N.W., Respondent-Appellant

APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(CASE NO. 2PP151000137)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Leonard and Guidry, JJ.)

This appeal arises from an order awarding sole
custody. We affirm.
Self-represented Respondent-Appellant N.W. (Mother)
appeals from the February 24, 2025 "Order Re: [Petitioner-
Appellee J.F. (Father)]'s Motion for Sole Legal and Sole
Physical Custody of the Minor Children Filed August 14, 2024"
(Custody Order), filed by the Family Court of the Second Circuit
(Family Court). 1
On appeal, Mother raises four points of error (POEs),

1 The Honorable Lance D. Collins presided.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

contending that: (1) "the Family Court abused its discretion by
denying [Mother]'s request for court-appointed counsel"; (2)
"the Family Court erred in failing to appoint a guardian ad
litem [(GAL)] or custody evaluator despite credible claims of
abuse"; (3) "the court's procedures violated [Mother]'s due
process rights"; and (4) "the court showed bias and failed to
consider the best interest of the child as required under
[Hawaii Revised Statutes (HRS)] § 571-46." 2
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised, we resolve
Mother's contentions as follows.
On August 14, 2024, Father filed a "Motion for Sole
Legal and Sole Physical Custody of the Minor Children" (Motion
for Sole Custody), which was heard on February 5, 2025. The
court minutes reflect that Mother made an oral motion for an
appointed GAL or custody evaluator, which the Family Court
denied; and the Family Court granted Father's Motion for Sole
Custody, and permitted Mother to have three supervised visits a
week. There is no transcript in the record of this hearing.
Mother timely appealed the February 24, 2025 Custody
Order. On October 3, 2025, the Family Court entered findings of
fact and conclusions of law (FOFs/COLs), and concluded that it

2 Mother's POEs do not state "where in the record the alleged error
occurred" and "where in the record the alleged error was objected to or the
manner in which the alleged error was brought to the attention of the court
or agency." See Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 28(b)(4).
Mother's POEs are addressed to the extent they are discernible, under the
public policy of affording liberal review of pleadings by self-represented
litigants "to facilitate access to justice" and afford litigants the
opportunity for appellate review despite their non-compliance with court
rules. See Erum v. Llego, 147 Hawaiʻi 368, 380-81, 465 P.3d 815, 827-28
(2020) (citation omitted); Marvin v. Pflueger, 127 Hawaiʻi 490, 496, 280 P.3d
88, 94 (2012).

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was in the best interest of the minor children that Father be
awarded sole custody due to Mother's "substance use problem,"
"untreated mental health issues," and "difficult[y]" co-
parenting with Father; and due to the presence of safety and
educational concerns when the children were in Mother's care.
Regarding Mother's contentions regarding the denial of
her request for court-appointed counsel, 3 the failure to appoint
a GAL or custody evaluator, violation of due process and alleged
bias by the Family Court, Mother does not cite to where in the
record her requests were made or challenges otherwise preserved.
With the exception of a notation that Mother's request for a GAL
or custody evaluator was denied, the court minutes do not
reflect Mother's remaining requests and challenges. Mother has
not provided the transcript of the hearing. See HRAP Rule
10(b)(1)(A); Bettencourt v. Bettencourt, 80 Hawaiʻi 225, 230, 909
P.2d 553, 558 (1995) ("The burden is upon appellant in an appeal
to show error by reference to matters in the record, and he or
she has the responsibility of providing an adequate transcript."
(brackets and citations omitted)). There is nothing in the
record to support Mother's arguments, and no basis upon which
this court can conclude the Family Court erred or abused its
discretion as to Mother's contentions.
As to Mother's contention that the Family Court failed
to consider the best interests of the child factors under HRS §

3 Mother provides no authority establishing a right to court-
appointed counsel outside of HRS Chapter 587A termination of parental rights
context. See In re T.M., 131 Hawaiʻi 419, 421, 319 P.3d 338, 340 (2014)
(holding that "parents have a constitutional right to counsel . . . in
parental termination proceedings and that . . . courts must appoint counsel
for indigent parents once [Department of Human Services] files a petition to
assert foster custody over a child"). This was not a HRS Chapter 587A Child
Protective Act proceeding involving foster custody by the State.

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571-46(b), the Family Court's FOFs/COLs reflect consideration of
those factors.
Under these circumstances, we conclude the Family
Court did not abuse its discretion in its Custody Order. See
Fisher v. Fisher, 111 Hawaiʻi 41, 46, 137 P.3d 355, 360 (2006)
("Generally, the family court possesses wide discretion in
making its decisions and those decision[s] will not be set aside
unless there is a manifest abuse of discretion." (citation
omitted)).
For the foregoing reasons, we affirm the February 24,
2025 Custody Order, filed by the Family Court of the Second
Circuit.
Mother's October 16, 2025 motion for retention of oral
argument is also denied.
DATED: Honolulu, Hawai‘i, October 29, 2025.
On the briefs:
/s/ Karen T. Nakasone
N.W.,
Chief Judge
Self-represented Respondent-
Appellant.
/s/ Katherine G. Leonard
Associate Judge
J.F.,
Self-represented Petitioner-
/s/ Kimberly T. Guidry
Appellee.
Associate Judge

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