All *Ramona wanted was for her son to be safe, which means having sole physical custody. She also wanted him to be heard, and to be happy, which includes a relationship with his father – Ramona’s ex-husband. If not a close relationship, at least a decent one.
We’re excited to report that after working with Legal Aid, Ramona was able to come to a custody agreement with *Raffy’s father, which started to repair the strained relationship between Raffy and his dad. Though Ramona agreed not to have full custody, her son Raffy ended up deciding to spend summer vacation with his dad on the mainland. Legal Aid’s representation in court had made Raffy feel heard and seen by people, especially by his father. It started with a temporary restraining order (TRO). Ramona was referred by the Child, Welfare and Family Services (CWS) in October 2020 after a huge altercation. Raffy reported that his dad *Simon had grabbed him and covered his nose and mouth, prompting Ramona to take legal action. “We filed an emergency custody motion seeking for Ramona to have sole custody of Raffy,” said Emily Hills, Staff Attorney, Family Unit. “Current situation that time was joint custody. The 50-50 was only on paper because Raffy only spent weekends with his dad, but his dad kept threatening to enforce the prior 50-50 time-sharing order, which would have been very detrimental for Raffy.” The TRO was filed, as advised by CWS. However, upon further investigation, it was discovered that what had occurred was a one-time incident. CWS did not believe there to be an ongoing threat of abuse to Raffy and the case was dismissed. “Raffy didn’t know how to respond to his situation and was suffering from serious depression and self-harming thoughts,” observed Emily. “So during the TRO process while Ramona had full custody, we requested a step-up custody schedule to ease the boy into spending more time with his dad. We also requested a court order for him to go to therapy. Raffy had been threatening suicide because he was unhappy at his dad’s house.” Emily represented Ramona in court, showing up in several hearings to negotiate with Simon’s lawyers who did not approve of the therapy and wanted to continue the 50-50 custody despite the actual practice of dad visiting only on the weekends. “I feel like this is the kind of case where full representation ended up helping the family,” said Emily. “When the other side is represented, Legal Aid has the opportunity to even the playing field. This is the case where the child needed to have a voice and mom wanted to make that happen because we were able to do full representation. Believe it or not, that seems to have made a bigger help.” The full-rep process included a continuance, negotiations, helping Ramona navigate the file pleadings, and talking with CWS. Ultimately, Ramona was able to get Raffy enrolled in a private school that would be a better fit for him, and we were able to negotiate Simon’s agreement to have Raffy change schools, which greatly improved his happiness. “My son is no longer running away from his dad like he did before which is relieving for me,” said Ramona. “He even told me that, although the court did not let him live with me full-time like he'd asked for, it at least made his dad ‘change’. So long as he perceives his dad as a changed man, I'm okay.” It was a good new chapter for all of them, as the case was successfully closed in October 2022. “What made Ramona happy with the case was that we gave Raffy a voice,” said Emily. “He was able to talk to custody investigators and air his opinion. He felt listened to, he knew that his mom was fighting for him. And once his father said ‘you don’t have to be with me’, that’s when Raffy wanted to spend time with him.” Raffy is currently going through therapy and his mental health is better. Although he continues to struggle with emotional regulation, according to Ramona, his depression seems to have subsided. “I don't know what the future has for us, but I sincerely hope that Raffy will have a better life ahead," said Ramona. "As hard as the whole journey has been, particularly for him, I am optimistic and hopeful that his tomorrow will have a better outcome for him. I am very grateful Emily is the one I travelled this emotionally painful journey with." "Through all this, I was fortunate to have Emily as my attorney,” Ramona added. “I will always be grateful that I found in her someone I could talk through the hardest times of my life.”
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One of the biggest signs of a grateful client is when they donate back to Legal Aid.
*Esther did just that after a successful guardianship case handled by Senior Staff Attorney Joni Domingues, Kupuna Legal Aid Services. Esther, 78, has been her older sister’s caregiver since 2020 when her sister moved to Esther's house after being evicted and her belongings placed on the street. Esther's sister had missed rent due to the onset of dementia. The challenge of caring was physical, emotional, and especially financial for Esther who lives alone (her children are all out of the house) and only survives on her monthly social security pension. She neither had extra hands nor cash to help her. “I was worried because we cannot touch her money and there was not enough to buy groceries or pay for bills,” she said. If Esther applied for guardianship, she would be able to legally access her sister’s money and use it to take care of her. Through a social worker, she got in touch with Legal Aid and the application process began. “Esther seemed emotionally exhausted and at her wits' end about what to do with her sister who was very challenging to care for,” recalled Joni. “And yet Esther also had such compassion for her and wanted to do the right thing.” Joni persevered with Esther in meeting the requirements, including locating another sibling for consent. “She was very supportive and patient, she helped me from beginning to end,” Esther said. In May 2022, after a virtual court hearing, Esther finally received the guardianship papers. “The hearing went very smoothly,” said Joni. “Our partnership with the referring hospital and social worker has enabled us to directly utilize a resource that was never available to us before. Because Esther was concerned that her sister could become agitated at the hearing, the social worker agreed to attend to provide support.” “I was so amazed and really thankful and grateful that Joni helped me out all the way,” said Esther, who feels relieved to be her sister’s legal guardian. “I really admire Joni. You can tell how sincere she is in helping me out because even during the pandemic, she came over to my house to help with the paperwork because I told her I was not good at communicating using the computer. She is very helpful and resourceful.” Right now, Esther is currently looking for a foster home. She still prefers a professional to properly care for her sister. “I am thrilled that our Kupuna Services was able to offer Esther and her sister help in their time of need,” Joni said. Born and raised in the Hyogo Prefecture in Japan, Hitomi "Makalani" Imai, a Legal Aid client, never imagined she would live in Hawaii – “a beautiful land, with such beautiful energy,” she describes.
She is excited about her future as her life has turned around in surprising ways, and has adopted the Hawaiian name "Makalani" (eye of heaven) to symbolize a new start. She is also launching her life coaching program for fellow Japanese early next year. “I’ve always been thinking of my experience because emotional abuse is a big thing,” says Makalani. “My whole life is up and down, and I didn’t have the confidence. Now I know how to get the confidence. And I know many Japanese struggle with the same thing because of the culture. So, I decided to become a spiritual life coach.” There had been a season in Makalani’s life when she was unable to speak and stand up for herself, and Legal Aid helped her get through it. It started in 2017 when she arrived on Oahu and married a man she met online after several months of courtship. They had a rocky beginning. He had broken up their engagement once for “not keeping some promises.” One promise was for Makalani to stop communicating with friends. About a year into the marriage when Makalani applied to become a lawful permanent US resident (get a green card), her husband vacillated between supporting and not supporting her application. He threatened divorce and told her to go back to Japan. She finally decided to divorce him when he denied support on the day of Makalani’s immigration interview. Makalani was resigned to accept her fate until she found out about Legal Aid through a friend. Legal Aid stepped in and negotiated with her then husband, eventually getting her to receive financial compensation. “The Legal Aid attorney sent him a beautiful, strong, confident email to negotiate,” recalls Makalani. “It is not about the money, but it gave me the confidence that I’m okay, that I will be fine. With Legal Aid’s support, I finally stood up for me.” The support Makalani received from Legal Aid staff went beyond the legal battle. They were there for her emotionally; they became her pillars of strength. “Whenever I start to worry, the attorney and the paralegal always get back to me,” she says. “They were very supportive all the time. They are amazing!” The divorce was finalized in 2019, and in April 2021, Makalani finally received a green card, applying as a self-petitioner under the federal Violence Against Women Act (VAWA). In a few years, she plans to apply for US citizenship. “Legal Aid helps immigrants who are in a position of being powerless. They think that they have nowhere to go. But Legal Aid helps them and lets them feel they are important individuals.” Now, while preparing to launch her business called “Aloha Style Services,” Makalani works with a construction company using her administrative and accounting background. She also freelances as a translator of information materials from English to Japanese, and is currently in a supportive, loving relationship. “I’m doing great,” she says. And her smile says it all. I know what it’s like to feel really helpless. My husband died four years ago and he left me in a really bad situation. I am so blessed to live in Kona in a government subsidized community apartment complex, but before I got here, I lived in a homeless shelter for two years and with a friend of mine for three years.
After my husband passed away I learned that he had opened multiple credit cards in my name. All of a sudden, I got all these bills for $7,000, $10,000, $3,000… and they kept coming. I couldn't believe it. I just wanted to have peace. People were coming after me for these bills and I felt so down. When you are down at your feet, you have to kiss the ground. I had nowhere to go and when I finally looked up, a friend of mine said there’s the Legal Aid Society of Hawaii. The attorney and other people I met at the Legal Aid Society of Hawaii’s Kona office were absolutely wonderful. They were such a blessing. It gave me so much hope to hear them say to me, “Just hold on, we are doing everything we can for you”. I am so eternally grateful to Legal Aid for the peace they brought into my life. We all could use a little bit of help and love. Life can be so tough on us and it can end so quickly. I treasure what I have today because I know we only live once. I encourage others who need help to reach out to Legal Aid. - Margrit M. The Legal Aid Society of Hawaii represented me through the process of obtaining custody of my son many years ago. I remember speaking to the person on the intake line, and she was so kind and patient… she listened to my story and referred me to the Kona office.
It took over 2 years for my case, but I was so grateful that Legal Aid was there to guide me along the day way. I couldn’t have done it without them. I was so honored when I was asked to serve on the Board as a Client Member Director. Over the years I referred about 10 people and Legal Aid was able to help almost all of them. I know a lot of folks hesitate about calling Legal Aid, and especially right now when so many people are worried about losing their homes and getting evicted. I want to encourage people in the community to make that first call because you’ll never know unless speak with someone. They were able to help me and my son, and I am so grateful for that. -Wattie Green I grew up in a city very much like Honolulu, in a seaside town called Qingdao in China. I had no idea about the United States back then.
I worked as a biology teacher when I was in China, met my then husband, and we had a son. My son was about 4 years-old when his father got an opportunity to advance his education in Hawai`i. Of course, we followed him! The move to Hawai`i gave me opportunities as well. I enrolled at the University of Hawai`i and studied epidemiology with an emphasis in statistics, graduating with my Master’s degree. It allowed me to work in the health industry for many years – it built on my teaching days in China. I had thought about becoming a United States citizen when I first arrived, and even tried to start the process a couple of years ago. It was very difficult for me to understand the paperwork because my first language is Mandarin. In my first attempt, I didn’t really have anyone helping me and I gave up. Then I heard about the Legal Aid Society of Hawai`i and met with a staff attorney! The people at Legal Aid helped so much. They are such wonderful professionals, very knowledgeable with details and the process. Without Legal Aid’s help, I would not have been able to become a U.S. citizen. Now that I am a citizen, I am applying for new employment opportunities – positions that will help even more, and also build the future that I want. I do think that my professional background in health can help our community, especially given what we are going through today. Thank you to Legal Aid for helping me get here! -May The Legal Aid Society of Hawaii helped make strides for my son, Jason, to be included in his first field trip with his non-disabled peers.
After years of long battles with the Department of Education, this year, Jason was allowed to participate in an overnight statewide student conference, complete with behavior support and accommodations because of his disability. He was the school’s first student representative who had disabilities and a special education IEP. Jason learned to advocate at the Legislature alongside all students. Before I came to Legal Aid, the school asked me to arrange for and pay extra for separate accommodations, to be present for the 2-night stay, and to transport my son to and from the Capitol, not required of other parents. The school would provide a behavior support technician, but only during regular school hours. Jason would not be able to participate fully. I believed this was unfair and I could not pay more than the regular conference fee. To make inclusion possible this time, I needed an advocate. The Legal Aid Society of Hawaii’s Whole Child Project came through! Their staff attorney taught me how Sec. 504 is a law that guarantees a student equal access to extracurricular activities. I learned to write an effective letter explaining how imposing the requirements due to my son's disability would deny my son equal access to participate. A separate special education was not enough for my son. He wanted to be included, too. I encourage parents of students with disabilities to ask the school and district staff for -- and expect -- their children to be included in field trips and extracurricular activities with the supports they may need. When your student is denied, this legal battle for inclusion can be won. I would like parents and others to know the breakthrough that the Legal Aid Society of Hawaii made for all students to have equal access and to be included. - Linda Elento, mother of Jason Elento I was literally homeless, living out of a car in Waimanalo with my four-month old son when the Legal Aid Society of Hawaii came into my life. It was rough. There were times I broke down because I couldn’t provide for him. We would drive to Hawaii Kai to shower and bathe -- I felt like it was the safest place for us.
My attorney, Dana, from Legal Aid’s Whole Child Project, helped me to get my son’s birth certificate and other paperwork so I could get into housing. I thought that when my son was born, I would get his birth certificate for free. I couldn’t even afford to pay for it. Getting all that paperwork taken care of helped me and my son to get off the streets. Today, I am enrolled in Windward Community College and have a goal to further my education to become a medical coder. I also just got a job and my son was accepted into a daycare. Legal Aid helped me to create a new life, a better life for my son. During those hard times, I remember looking at my son and telling myself, “It’s not about me anymore. I want him to be in a better position than me. I want him to know that if I can do it, he can do it." If it wasn’t for Legal Aid, I would still be on the streets. I went from having nothing, to now building my life, my goals, and my dreams. I didn’t plan to be on the streets, but that’s what happened in my life. Thankfully, Legal Aid stepped up and showed me the first step I needed to take so I could finally climb out. - Kahea Isabel sought to establish guardianship over her daughter, who suffers from Down's Syndrome and is about to turn 18.
The Legal Aid Society of Hawaii prepared and filed all the necessary court documents, and advised Isabel about how to represent herself. Upon closing her case, Legal Aid provided referrals to social service agencies such as Kokua Villa, which offers day care for developmentally disabled adults. Cheyenne is a single mother of 2 children. She was served with a paternity petition by the father of her older child asking that he have full physical and legal custody, and that she have no visitation.
Worried about losing her child, Cheyenne contacted Legal Aid. Legal Aid filed a declaration explaining her side of the story to the judge, and was prepared to represent Cheyenne in court. Fortunately, Legal Aid was able to negotiate a settlement, which granted Cheyenne full physical and legal custody, and visitation for the father. Both parents were relieved about avoiding a custody battle, and happy to achieve a mutually agreed upon settlement. |
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