In re: DS
In re: DS
Opinion
Electronically Filed
Supreme Court
SCPW-XX-XXXXXXX
22-APR-2026
08:19 AM
Dkt. 197 ODDP
SCPW-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAIʻI
________________________________________________________________
IN RE DS
________________________________________________________________
ORIGINAL PROCEEDING
(CASE NO. 3DV121000235)
ORDER DENYING PETITIONS
(By: McKenna, Acting C.J., Eddins, Ginoza, and Devens, JJ.,
and Circuit Judge Cahill, assigned by reason of vacancy)
A letter from Petitioner was filed on June 10, 2025. Based
on the record, we construe the letter as a petition for writ of
mandamus and deny the petition as moot because the Intermediate
Court of Appeals vacated the February 13, 2025 child custody
order in CAAP-XX-XXXXXXX.
As to the petition for extraordinary writ filed January 7,
2026, the family court’s post-divorce decree custody and
visitation orders are appealable. See Eaton v. Eaton, 7 Haw.
App. 111, 118–19, 748 P.2d 801, 805 (App. 1987). An
extraordinary writ proceeding is not an appeal and is not
intended to be used in lieu of normal appellate procedures. See
Womble Bond Dickinson (US) LLP v. Kim, 153 Hawaiʻi 307, 319, 537
P.3d 1154, 1166 (2023). Also, Petitioner’s arguments in this
petition have not demonstrated a clear and indisputable right to
relief. See id. It is ordered that the January 7, 2026
petition is denied.
Since the first petition was filed on June 10, 2025,
Petitioner filed many documents in this court that contain the
name of a minor child, in violation of Rules 2.19 and 9.1 of the
Hawaiʻi Court Records Rules (HCRR). An order was filed on August
26, 2025, that warned Petitioner against future violations of
HCRR Rules 2.19 and 9.1.
For example, rather than use the minor child’s name,
Petitioner may instead use the child’s initials or refer to the
child using general terms, such as “Child” or “Minor Child.”
See HCRR Rule 2.19. Petitioner correctly referred to the minor
child using general terms in some documents filed after the
August 26, 2025 order. But most of the numerous documents that
Petitioner filed after the August 26, 2025 order do not comply
with HCRR Rules 2.19 and 9.1 notwithstanding the warning issued
in the August 26, 2025 order. Based on this record, we find
that Petitioner has not shown a good faith attempt to comply
with HCRR Rules 2.19 and 9.1. See HCRR Rule 9.5. It is ordered
that all documents filed after the August 26, 2025 order and
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contain the minor child’s name or other personal information of
the child, see HCRR Rule 2.19, are stricken from this record.
All remaining documents filed as motions and the petition
filed at docket 22 (redacted version at docket 73) are denied
without prejudice to consideration in other courts.
DATED: Honolulu, Hawaiʻi, April 22, 2026.
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Lisa M. Ginoza
/s/ Vladimir P. Devens
/s/ Peter T. Cahill
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Case-law data current through December 31, 2025. Source: CourtListener bulk data.