While most residents of Hawaii have assimilated modern American culture, many locals, especially Hawaiians, still practice native beliefs such as Ohana and Hoʻoponopono. These beliefs may even impact legal proceedings such as divorce and family law. Hawaiian courts respect and consider these beliefs when making their decisions. Let us look at how these two can impact your divorce in Hawaii.
Ohana
Ohana means family, but it includes more than just the nuclear family. For Hawaiians, it includes extended family and close friends, which can mean maintaining these relationships even after divorce. Courts often consider the role of extended family members in a child’s life when deciding custody or visitation orders. Grandparents, aunts, and uncles can receive visitation rights and custody of the child if they demonstrate to the court that it is in the child’s best interests.
Hoʻoponopono
Hoʻoponopono, on the other hand, is the traditional Hawaiian practice of reconciliation and forgiveness. Due to this belief, Hawaiians often consider mediation in divorce and may only choose to litigate as a last resort. Extended families may even weigh in on these discussions and help negotiate and bring an amicable resolution to divorce issues such as property division and co-parenting arrangements.
How do these beliefs affect the law?
Hawaii’s legal system recognizes the value of these cultural practices. Courts may encourage hoʻoponopono in family law cases to promote peaceful resolutions. Judges consider ohana when making decisions about custody and visits. This process helps kids stay close to their extended family. Hawaii’s courts respect these traditions because they align with the state’s family law aims.
When cultural traditions are not enough
However, cultural practices do not always solve every problem. Some conflicts are too deep to fix through these means. People must turn to the courts to settle their disputes in such cases. When peaceful methods fail, the legal system resolves challenging family issues. For such instances, it is advisable to seek the advice of a lawyer who can advocate for you and your child’s best interests.