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Po v. Js

Intermediate Court of Appeals of Hawaii

June 15, 2016

PO, Petitioner-Appellee,
v.
JS, Respondent-Appellant

         APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-P NO. 08-1-0162)

          Steven L. Hartley Elsa F.M. McGehee (Hartley & McGehee) for Respondent-Appellant.

          Steven J. Kim for Petitioner-Appellee.

          FOLEY, PRESIDING J., LEONARD AND REIFURTH, JJ.

          OPINION

          FOLEY, J.

         Respondent-Appellant JS appeals from the the (1) December 30, 2014 "Order Re: Trial" and (2) January 21, 2015 "Order Re: Child Support Arrears" both entered in the Family Court of the First Circuit[1] (family court).

         On appeal, JS contends the family court erred in:

(1) awarding Petitioner-Appellee PO sole legal custody "based primarily on testimony that [JS] did not want to communicate with [PO] except for emergencies and to facilitate visitation with the child";
(2) finding JS "ha[d] not demonstrated a material change in circumstances to warrant a change in the visitation/time-sharing schedule set forth in the ["Stipulated Order Re Paternity, Custody, Visitation, and Support" (March 2008 Stipulation)]";
(3) finding "even if [JS] demonstrated a material change in circumstances to warrant a change in the visitation/time-sharing schedule set forth in the March 2008 Stipulation, the current visitation schedule is reasonable and in the best interests of the child";
(4) "allowing [Rob B. Welch, PhD. (Dr. Welch)] to testify at trial as [JS] did not waive the child's psychologist-client privilege and Dr. Welch's testimony proved to be extremely biased in favor of [PO]";
(5) "finding and concluding that [JS] failed to meet his burden of proof to show that monthly child support warranted modification"; and
(6) finding "monthly child support in the amount of $3, 500.00 should have been paid effective February 1, 2011, thus concluding that [JS] owes [PO] $64, 490.00 in past due child support." (Emphasis omitted.)

         I. ...


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