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