P.C. v. G.S.
CourtHawaii Supreme Court
Date FiledOctober 29, 2026
DocketSCWC-25-0000330
JudgeGinoza
StatusPublished
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Full Opinion
Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
29-OCT-2026
12:00 PM
Dkt. 42 OGAC
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
P.C.,
Petitioner/Plaintiff-Appellant,
vs.
G.S.,
Respondent/Defendant-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CASE NO. 3FDV-XX-XXXXXXX)
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
(By: Devens, C.J., McKenna, and Eddins, JJ., and
Circuit Judge Remigio, assigned by reason of vacancy;
and Ginoza, J., dissenting)
Pursuant to this court’s discretion set forth in Hawaiʻi
Revised Statutes § 602-59(a), the court accepts
Petitioner/Plaintiff-Appellant P.C.’s application for writ of
certiorari filed on August 13, 2026, deemed timely filed as of
September 1, 2026.
Under Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 40.1,
this court “may limit the question on review.” Here, we limit
the question on review to the second question presented in
Petitioner’s application for writ of certiorari:
Whether the ICA gravely erred in holding that HRS § 571-
46(a)(9) was properly applied and “effectively rebutted”
after the Family Court found Father committed family
violence against Mother, where the statute makes safety and
well-being primary and raises a rebuttable presumption
against awarding custody to a perpetrator of family
violence.
It is further ordered that no oral argument will be heard
in this case. Any party may, within ten days and pursuant
to HRAP Rule 34(c), move for retention of oral argument.
DATED: Honolulu, Hawaiʻi, October 29, 2026.
/s/ Vladimir P. Devens
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Catherine H. Remigio
DISSENT BY GINOZA, J.
I respectfully dissent to the Order Accepting Application
for Writ of Certiorari because the application was untimely and
this court lacks jurisdiction. See Hawaiʻi Revised Statutes
§ 602-59(c) (Supp. 2017) (establishing the statutory time limit
for filing an application for writ of certiorari).
/s/ Lisa M. Ginoza
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