New law permits appointment of counsel for child in arbitrated custody dispute
While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
07/11/2017, Legislation, Custody Disputes - Children
For private custody proceedings, Hawaii in 2017 enacted the Uniform Family Law Arbitration Act, which provides in Haw. Rev. Stat. § 658J(c)(12) that when parents agree to arbitrate a custody dispute, the arbitrator has the power to appoint an attorney or GAL for the child at the expense of the parents.
If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Appointment of Counsel: discretionary Qualified: yes