Current through the 2024 Legislative Session
Section 551G-19 - Proceedings in more than one stateExcept for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the State of Hawaii under section 551G-14(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the State of Hawaii and in another state and neither petition has been dismissed or withdrawn, the following rules shall apply:
(1) If the court of the State of Hawaii has jurisdiction under section 551G-13, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 551G-13 before the appointment or issuance of the order; and(2) If the court of the State of Hawaii does not have jurisdiction under section 551G-13, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the court shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the court of the State of Hawaii shall dismiss the petition unless the court in the other state determines that the court of the State of Hawaii is a more appropriate forum.Added by L 2012, c 236, § 1, eff. 9/1/2014. Sections 551G-7 to 551G-22 were renumbered as §§ 551G-11 to 551G-42, pursuant to § 23G-15. .