J.R. v. K.R.

── J.R. v. K.R. ── Court: Hawaii Intermediate Court of Appeals Date: May 08, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 08-MAY-2026 08:06 AM Dkt. 51 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I J.R., Plaintiff-Appellee, v. K.R., Defendant-Appellant APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (CASE NO. 3FDV-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Nakasone, Chief Judge, Leonard, and Wadsworth, JJ.) This appeal challenges the family court's entry of a default divorce decree that contained terms beyond what was prayed for in the complaint. We vacate and remand. Defendant-Appellant K.R. (Husband) appeals from the May 20, 2025 "Divorce Decree," entered by the Family Court of the Third Circuit (Family Court).1 Husband contends the Family Court erred by entering the Divorce Decree as a default judgment, granting items of relief beyond what the complaint requested without a proof 1 The Honorable Jeffrey W. Ng presided.  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER hearing, by altering visitation, ordering a sale of the marital residence, and increasing Husband's child support obligation.2 Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we resolve the contention as follows. On January 3, 2025, self-represented Plaintiff- Appellee J.R. (Wife) filed a "Complaint for Divorce" (Complaint). Wife requested that Husband be awarded "[s]upervised visitation" of the children (Children) "as stated in [an] active Protective Order." The Complaint further requested that "[a]ll assets" and "debts" be "divided in a just and equitable way." Attached to the Complaint was an "Exhibit Pertaining to Conciliation, Child Care, and Child Custody Proceedings" (Exhibit) and "Matrimonial Divorce Action Information" (MAI). On January 30, 2025, a "Proof of Service" was filed, stating that Husband was personally served with the Complaint, MAI, Exhibit, and the Kids First Information Sheet on January 22, 2025. On March 28, 2025, Wife filed a "Motion for Default" and attached a "Certificate of Service," certifying service of the motion on Husband. On March 31, 2025, the Family Court entered default against Husband. 2 We have consolidated and restated Husband's points of error for clarity. In light of our disposition, we need not address the remaining contention that the Family Court erred by issuing the Divorce Decree "without entering findings of fact and conclusions of law despite a timely request." (Emphasis added.) The record reflects that the request was not timely filed, and Husband's August 18, 2025 request for findings of fact and conclusions of law acknowledges it, i.e. asserting "that there was good cause for the untimeliness of this request[.]" (Emphasis added.) 2  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER On May 15, 2025, Wife filed an "Asset and Debt Statement" listing the marital residence for the first time. Wife stated that the property was purchased for $150,000.00, that $113,076.00 was still owed on the property, and that the current gross value of the property was $350,000.00.