In re Adoption of a Male Child

Hawaii Supreme Court
In re Adoption of a Male Child, 56 Haw. 543 (Haw. 1975)
544 P.2d 728; 1975 Haw. LEXIS 128
Kidwell, Kobayashi, Menor, Ogata, Richardson

In re Adoption of a Male Child

Opinion of the Court

Per Curiam.

This is an appeal from a decree of adoption and the award of attorneys’ fees to the appellee. The decree of adoption is set aside and the cause is remanded for a new hearing in the light of Willmott v. Decker, 56 Haw. 462, 541 P.2d 13 (1975). See also Stanley v. Illinois, 405 U.S. 645 (1972); Miller v. Miller, 504 F.2d 1067 (9th Cir. 1974).

Attorneys’ fees may not ordinarily be awarded as damages or costs in the absence of statute, stipulation or agreement. Salvador v. Popaa, 56 Haw. 111, 530 P.2d 7 (1974). Rule 87 (e) of the Hawaii Family Court Rules, adopted by the Board of Family Court Judges,1 does not provide the requisite authority for its allowance in this case.2

See HRS § 571-5.

Compare, HRS § 580-9; HRS § 583-7(g), -8(c), -15(b).

Reference

Full Case Name
In the Matter of Adoption of A MALE CHILD, Born May 10, 1969
Status
Published