J.W. v. R.E.

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-JUN-2025
10:15 AM
Dkt. 55 SO
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

J.W., Petitioner-Appellee, v.
R.E., Respondent-Appellant

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT
(CASE NO. 1PP151006391)

SUMMARY DISPOSITION ORDER
(By: Hiraoka, Presiding Judge, Nakasone and McCullen, JJ.)

R.E. (Mother) is the mother of Child, born in 2012.
She appeals from the September 12, 2024 Order Re: [Mother]'s
Motion to Allow Reunification Therapy, to Resume Supervised
Visitation and to Appoint Child Therapist entered by the Family
Court of the First Circuit.1 We vacate and remand.
J.W. (Father) filed this paternity case on October 30,
2015. A stipulated judgment of paternity was entered on
September 22, 2016.
Father and Mother each moved to modify custody and
visitation in late 2021. The court-appointed Best Interest Fact
Finder (BIFF) filed a report on December 13, 2022. The family
court entered its Decision and Order re: Custody, Visitation, and
Support on February 23, 2024. Father was awarded sole legal and
physical custody "at this time." Mother was allowed supervised
video visits at least twice a week. An order was entered on
March 18, 2024, stating the purpose for supervised visitation was

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The Honorable Jessi L.K. Hall presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

to "reintroduce Mother and [Child] and to determine [Child]'s
comfort level of visits." Mother appealed, creating Judiciary
Information Management System No. CAAP-XX-XXXXXXX (Mother's First
Appeal).
On May 19, 2024, Mother moved to allow reunification
therapy, resume supervised visitation,2 and appoint a child
therapist. The family court interviewed Child ex parte on
August 27, 2024, by agreement of the parties. The interview was
recorded. Mother and Father and their respective attorneys
separately watched the recorded interview before the August 29,
2024 hearing on Mother's motion.
The family court entered the Order on September 12,
2024. Mother's request to resume reunification therapy was
denied. Father was ordered to "find an age-appropriate
therapist" for Child, and to provide the therapist with the
BIFF's report, the February 23, 2024 decision and order on
custody and visitation, and the related findings and conclusions.
Mother was prohibited from contacting the therapist. The Order
stated: "If [Child] were to request to see or to call his Mother,
then the court hopes that Father would honor the child's
request."
This appeal by Mother followed. The family court
entered findings of fact (FOF) and conclusions of law (COL) on
November 14, 2024, consistent with Hawai#i Family Court Rules
Rule 52.
Mother's statement of the points of error contends the
family court abused its discretion by terminating her parental
rights without due process or adequate justification. Mother
also challenges several of the family court's FOFs and COLs.
Father did not file an answering brief.
In Mother's First Appeal, we vacated the family court's
February 23, 2024 Decision and Order. We held that the family

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The family court had entered an order releasing the visitation
supervisor on April 22, 2024, in response to the supervisor's request for
instructions. This effectively terminated the supervised visits without
notice to Mother or an opportunity for her to be heard.

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

court erred by: (1) applying collateral estoppel to preclude
Mother from disputing allegations she sexually abused Child; and
(2) applying the Hawaii Revised Statutes § 571-46(a)(9)
presumption it is not in a child's best interest to be placed in
sole or joint custody with the perpetrator of family violence.
J.W. v. R.E., No. CAAP-XX-XXXXXXX, 2024 WL 1394007 (Haw. App.
May 14, 2024) (SDO). We remanded the case to the family court
for further proceedings.
The need for Mother's motion to allow reunification
therapy, resume supervised visitation, and appoint a child
therapist stemmed from the erroneous February 23, 2024 Decision
and Order and subsequent related orders. This is reflected in
the family court's FOF nos. 2 through 7 and 28, and its April 22,
2024 order effectively terminating Mother's supervised visits,
among other things. Proceedings on remand from Mother's First
Appeal could have a material impact on the factual and legal
issues resolved by the family court's September 12, 2024 Order
and November 14, 2024 Findings of Fact and Conclusions of Law at
issue in this appeal.
Because we vacated the February 23, 2024 Decision and
Order in Mother's First Appeal, we vacate the family court's
September 12, 2024 "Order re: [Mother]'s Motion to Allow
Reunification Therapy, to Resume Supervised Visitation and to
Appoint Child Therapist" and November 14, 2024 "Findings of Fact
and Conclusions of Law" at issue in this appeal, and remand for
further proceedings consistent with this summary disposition
order.
DATED: Honolulu, Hawai#i, June 23, 2025.

On the brief(s):
/s/ Keith K. Hiraoka
Mateo Caballero, Presiding Judge
for Respondent-Appellant R.E.
/s/ Karen T. Nakasone
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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