In re Adoption of Male Child

Full title: In the Matter of Adoption of A MALE CHILD, Born May 10, 1969

Court: Supreme Court of Hawaii

Date published: Dec 24, 1975

544 P.2d 728 (Haw. 1975)

544 P.2d 728

Opinion

NO. 5742

December 24, 1975

APPEAL FROM FAMILY COURT OF THE FIRST CIRCUIT COURT HONORABLE KATSUGO MIHO, JUDGE.

RICHARDSON, C.J., KOBAYASHI, OGATA, MENOR AND KIDWELL, JJ.

Ian L. Mattoch, (Mattoch, Kemper Brown, of counsel) for appellant.

Helen B. Ryan, (Ryan Ryan, of counsel) for petitioner-appellee.

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

1 See HRS § 571-5.

2 Compare, HRS § 580-9; HRS § 583-7(g), -8(c), -15(b).