§584-9  Parties; guardian ad litem for minor
presumed or alleged father; county attorney or corporation counsel to represent
custodial parent or agency; notice to parents.  (a)  The child may be made
a party to the action and may be represented by the child's general guardian or
a guardian ad litem appointed by the court.  The child's mother or father shall
not represent the child as guardian or otherwise.  Subject to section 584-6(e),
the natural mother, each man presumed to be the father under section 584-4,
each man alleged to be the natural father, and the child support enforcement
agency, if public assistance moneys are or have been paid for the support of
the subject child, shall be made parties, or, if not subject to the
jurisdiction of the court, shall be given notice of the action in a manner
prescribed by the court and an opportunity to be heard.



(b)  If it appears to the satisfaction of the
court that the natural mother or a man alleged or presumed to be the father of
the child is a minor, the court shall also cause notice of the pendency of the
proceedings and copies of the pleadings on file to be served upon the legal
parent or guardian who has physical custody of the minor.  The court may
appoint a guardian ad litem to represent the minor in the proceedings.  If the
legal parent or guardian of any such minor cannot be found, the notice may be
served in such manner as the court may direct pursuant to sections 634-21 to
634-24.  The court may align the parties.



(c)  The county attorney or corporation
counsel, upon request of the child support enforcement agency, shall represent
the child support enforcement agency.  Fees may be charged of the applicant for
child support enforcement agency's services as provided for by chapter 576D. [L
1975, c 66, pt of §1; am L 1984, c 230, §2; gen ch 1985; am L 1986, c 235, §2
and c 332, §20; am L 1991, c 224, §2; am L 1992, c 87, §13; am L 1993, c 119,
§1; am L 1997, c 294, §6]



 



Rules of Court



 



  Guardians ad litem, see HFCR rule 17(c).



  Parties, see Hawaii Family Court Rules, part A(IV).



 



Case Notes



 



  No requirement under subsection (a) that the child must be
made a party to the paternity proceeding or that a guardian ad litem must be
appointed to represent the child's interests in a paternity proceeding.  88 H.
159 (App.), 963 P.2d 1135.



  Cited:  9 H. App. 623, 859 P.2d 922.