Because the parties were not married, the only forum to determine their custodial rights is the Family Court through the filing of a paternity action. In such a case, the Family Court will decide issues regarding legal custody, physical custody, child support, and past due maintenance, such as medical bills and other expenses.
Child Custody and Visitation
Frequently, when parties file a divorce, there is a need to immediately determine financial rights and liabilities, as well as child custody and support. This is done through a Motion for Pre-Decree Relief, which will determine the rights of the parties temporarily, pending the final divorce decree.
Negligence or wrongful death claims occur in many forms. In simple terms, a party may be liable for negligence or wrongful death if that party’s conduct fell below the standard of care of a reasonably prudent person, and such conduct was a substantial factor in causing a plaintiff’s injuries or damage.
Restraining Order
If you believe that you or a family member are exposed to threats of physical or emotional harm or harassment by another person, you may seek an order from the court enjoining such conduct by filing a Petition for a Temporary Restraining Order (“TRO”). When the threat of harm is by a family member, spouse or ex-spouse, or boyfriend or girlfriend, the Petition for a TRO is filed at the Family Court. When the threat of harm is by anyone else, the Petition for a TRO is filed at the District Court. The party against whom the restraining order is sought is typically referred to as the respondent.
It is impossible to categorize the many different forms of contract disputes insofar as the ways in which parties may enter into an agreement are limitless. However, if you are involved in a contract with another party and would like to discuss your rights and options, please contact us for a free consultation so that we can determine the best way to protect your contractual rights.
Briefed appeal in Omori v. Jowa Hawaii, Inc., which established that an in utero fetus' claim is not barred by the Hawaii Worker's Compensation Statute.
Employment Contract
Contracts between parties can be in writing or, in certain circumstances, oral. Sometimes the contract can involve the provision of services, such as when an individual hires a vendor. Or it can be an employment contract, such as when a company hires a professional to render services on its behalf to the company’s clients or consumers. Or the contract can involve the purchase of personal or real property.
When you purchase or improve a home or premises, you are entitled to receive what you bargained for in the construction contract. Increasingly, however, Hawaii consumers are finding that what they had paid for is not what they in fact received in the end. Construction defects can include something as simple as a poor paint job, to more complex problems such as sinking foundations.
Real Estate Transactions
The parties to a real estate transaction have specific obligations under Hawaii statutory and common law, which obligations are frequently set forth, in general terms, in real estate sales documents. The most fundamental obligation, and one which applies to sellers, is the duty of full disclosure with respect to a real property interest being sold. It is far too often that buyers will go into a transaction believing that they have purchased their dream home, only to discover at a later date that long-standing problems with termites, soil foundations, or other structural defects were not disclosed at the time of the sale. At that point, the buyer is faced with the dilemma of paying for costly repairs to a home or allowing the defects to remain.
Landlord-Tenant Disputes
The rights and obligations of Hawaii tenants and landlords in residential tenancies are governed by the Landlord-Tenant Code as set forth in Hawaii Revised Statutes Chapter 521. Essentially, tenants are obliged to pay their rent as agreed, and landlords likewise are obligated to maintain the rental premises as agreed.
Property Damage
Additionally, due to the aging nature of many of the condominiums in Hawaii, bursting water pipes and other failed common elements are an increasingly familiar occurrence. The result is always significant property damage to a condominium unit for which no party assumes responsibility. Often the condominium owner, if he is uninsured, must shoulder the entire burden of repair, as well as dealing with future problems with mold if the damage is due to water intrusion.
Worked performed in plaintiff’s personal injury cases is done on a contingency fee basis. That is, you would not owe any attorney’s fees unless a recovery is achieved.