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My daughter in Lihue Hawaii needs to file an Emergency

Customer Question
Motion today. Her ex-husband...
My daughter in Lihue Hawaii needs to file an Emergency Motion today. Her ex-husband is abusing their daughter and the police won't help. Her attorney won't get back to her. What can she do?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This is Hawaii. The mistreatment of the 11 year old girl has been ongoing but came to a head yesterday when she was crying in his house and he blocked the door so she couldn't get out.
JA: Has anything been filed or reported?
Customer: Yes. My daughter just called me. She wants an Emergency Motion to get her daughter out of that house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there a website where she can print an Emergency Motion form for Lihue, Hawaii?
Submitted: 6 months ago.Category: Family Law
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Answered in 1 hour by:
5/10/2017
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 119,546
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You say there is mistreatment, is it physical abuse? Why will the police not get involved? What type of mistreatment?
Does the ex husband have court ordered custody? Is the child in immediate physical harm?
Has your daughter gone to legal aid if there is physical abuse?
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Customer reply replied 6 months ago
This is emotional abuse. My daughter called the police because she could hear her daughter screaming and crying inside the house and the father had blocked the door and wouldn't let her out. We are talking here about Hawaii, where there are "locals" and "non-locals," or haoles. The father is a "local" from a prominent family in Lihue and my daughter is a "haole." The police (locals) who responded to her call for help could hear the girl screaming inside the house but said: "a father has a right to discipline his child."The father has court ordered custody every other week.I don't think the child has been physically hurt yet. But, if she defies him again, who knows. He isn't a stable person.
Family Lawyer: Law Educator, Esq., Lawyer replied 6 months ago
Thank you for your reply.
If there is no proof of immediate danger or risk of harm to the child, there is no legal basis for any emergency motion. You and your daughter and it seems your granddaughter too do not like the father's style of discipline and find it emotionally abusive, but the police were right in that a parent has a right to discipline their child and as long as there is no physical harm to the child there is no criminal offense.
There is a remedy, but it will require that your daughter begin taking the child to a local therapist and building a case to show that the father having custody every other week is not in the best interests of the child as it is causing damage to the child's emotional well being. You and your daughter cannot just say that, there needs to be a licensed child therapist who is seeing the child and treating the child and can testify in court as to the issues this is causing with the child. Once your daughter has that, then your daughter can file a "Motion to Change/Modify Custody" and present the therapist as a witness for changing over custody and taking any custody away from the father.
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