Hamilton Ex Rel. Lethem v. Lethem

Opinion of the Court by

ACOBA, J.

We hold that (1) parents have a constitutional right to discipline children inhering in their liberty interest in the care, custody, and control of their children, under the due process clause, article 1, section 5 of the Hawaii Constitution, (2) a parent may raise the right of parental discipline in a Hawaii Revised Statutes (HRS) § 586-5 show cause hearing in opposition to the continuation of a temporary restraining order (TRO) issued under HRS chapter 586 on allegations of domestic abuse, (3) in such circumstances trial courts shall consider whether the…