This decision is published in table format in the Pacific and Hawai'i reporter
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT. FC-P NO. 06-1-0149.
On the briefs: Stephen T. Hioki, for Respondent-Appellant.
Elizabeth C. Melehan, for Petitioner-Appellee.
By: Foley, Presiding Judge, Leonard and Reifurth, JJ.
SUMMARY DISPOSITION ORDER
Respondent-Appellant Jody Ribao (Ribao) appeals from an August 23, 2013 Family Court of the Second Circuit (Family Court) post-decree Judgment and Order on Petitioner's Motion for Sole Legal and Sole Physical Custody and Other Relief (Post-Decree Judgment). The Family Court granted in part a motion filed by Petitioner-Appellee Seth-Josiah Cravalho, Jr. (Cravalho), which sought custody of the parties' child (Child). Ribao also challenges the Family Court's September 26, 2013 order denying Ribao's motion for reconsideration of the Post-Decree Judgment.
Ribao raises the following points of error on appeal:
(1) The Family Court erred when it entered the Findings of Fact (FOFs) 84 and 86-90 regarding Dr. Baum's testimony;
(2) The Family Court erred as a matter of law by omitting Hawai'i Revised Statutes (HRS) § 571-46(b)(6) from Conclusions of Law (COL) 7 and by failing to apply this provision to the facts;
(3) The Family Court erred as a matter of law when it found a material change in circumstances allowing it to consider the grant of sole physical custody to Cravalho; specifically, the Family Court erred when it entered COLs 3, 4, and 5; and
(4) The Family Court abused its discretion in denying Ribao's August 30, 2013 motion to reconsider the Post-Decree Judgment.
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 by the parties, we resolve Ribao's points of error as follows:
(1) During the evidentiary hearing on Cravalho's post-decree motion, Dr. Baum testified as to his opinion regarding Cravalho's consistency in administering Child's preventative asthma medicine:
I think the biggest problem with asthma is, because it is a chronic relapsing condition, some people administer the medicine as we recommend on a daily basis as a preventive care or treatment. And other people's attitude more that, when it flares up, they pay attention to it, and when they seem to be well, they, don't always give the medication; and I have some areas of concern that Seth doesn't always give the preventive medicine, that he'll treat her when he sees symptoms, but not always when she seems to be well.
He also stated: " I feel that [Ribao] follows my directions about medication administration as I would like it to be done; and [Cravalho] seems to have a little bit more casual feel for the ...