NO. 26965
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
CHRISTIAN DAYLE TAGUINOD, Petitioner,
vs.
HONORABLE ELIZABETH A. STRANCE, Presiding Per Diem
Judge of the Family Court of the Third Circuit,
DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAI`I,
ANGELA MAY HIGASHI, and COLBURN NAEHU, Respondents.
ORIGINAL PROCEEDING
(FC-S NO. 04-0094K)
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of: (1) Petitioner Christian Dayle Taguinod's petition for a writ of mandamus directed to the presiding
per diem judge of the Family Court of the Third Circuit in In the Interest of John Doe (DOB 9/24/95), FC-S 04-0094K, the
papers in support and opposition; and (2) the motion to supplement the record and to dismiss the case filed by Respondent
Department of Human Services, State of Hawai`i, the papers in support and opposition, it appears: (1) in the petition,
Petitioner seeks a ruling that the family court erred when the court concluded Petitioner was not a party to the underlying
family court proceeding concerning Petitioner's son and a ruling directing the family court to award custody of the boy to
Petitioner and terminate the family court proceeding; (2) Respondent Department of Human Services agrees and does not
contest Petitioner's assertion that the family court erred when it concluded Petitioner was not a party to the proceeding, see
HRS §§ 587-2 and 587-32(a); (3) Petitioner was awarded custody of his son, and on January 23, 2005, the family court
issued an order terminating family court jurisdiction; and (4) Petitioner has obtained the relief requested. Therefore,
IT IS HEREBY ORDERED that:
1. The motion to supplement the record with the Order Terminating Family Court Jurisdiction is granted.
2. The petition for a writ of mandamus is dismissed.
DATED: Honolulu, Hawai`i, March 9, 2005.
Elizabeth B. Croom
for petitioner on
the writ
John P. Powell,
Deputy Attorney General,
for respondent Department
of Human Services, State
of Hawai`i on the motion