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HAMILTON EX REL. LETHEM v. LETHEM

No. SCWC-27580.

270 P.3d 1024 (2012)

126 Haw. 294

Lily E. HAMILTON on behalf of Amber J. LETHEM, a minor, Respondent/Plaintiff-Appellee, v. Christy L. LETHEM, Petitioner/Defendant-Appellant.

Supreme Court of Hawai'i.

February 7, 2012.

Attorney(s) appearing for the Case

Robert H. Thomas and Rebecca A. Copeland (Damon Key Leong Kupchak Hastert), for petitioner/defendant-appellant.

Stephen T. Hioki, for respondent/plaintiff-appellee.

NAKAYAMA, Acting C.J., ACOBA, DUFFY, and McKENNA JJ., and Circuit Judge CRANDALL, in place of RECKTENWALD, C.J., Recused.

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 Hawai`i Constitution, (2) a parent may raise the right of parental discipline in a Hawai`i Revised Statutes (HRS) § 586-5 show cause hearing in opposition to the continuation of a temporary restraining order...

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