Hawaii Supreme Court, 1975

In re Adoption of a Male Child

In re Adoption of a Male Child
Hawaii Supreme Court · Decided December 24, 1975 · Kidwell, Kobayashi, Menor, Ogata, Richardson
56 Haw. 543; 544 P.2d 728; 1975 Haw. LEXIS 128

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).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.