Revision: Jan. 12, 2009, midnight
HB 209 – AS INTRODUCED
2009 SESSION
05/04
HOUSE BILL 209
AN ACT relative to enforcement of parenting plans.
SPONSORS: Rep. Bickford, Straf 3
COMMITTEE: Children and Family Law
This bill establishes an expedited hearing process for motions to enforce parenting plans. The bill also permits the department of health and human services to initiate an abuse and neglect investigation based on noncompliance with the parenting plan in appropriate cases.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0518
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to enforcement of parenting plans.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Parental Rights and Responsibilities; Enforcement of Orders. RSA 461-A:4-a is repealed and reenacted to read as follows:
461-A:4-a Enforcement of Parenting Plan.
I. Upon the filing of a petition requesting enforcement of a court order regarding an approved parenting plan issued under this chapter, or of a custody or a visitation order previously issued under RSA 458, the court shall schedule the matter for a temporary hearing within 10 days of the filing of the petition. The court shall thereafter schedule a final hearing within 30 days.
II. A temporary order may be issued by the court if:
(a) An affidavit is filed by the moving party verifying that notice was provided to the other party or verifying the attempt to notify the other party; and a determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present; or
(b) Without written or oral notice to the adverse party, only if the court finds from specific facts shown by affidavit or by the verified petition that immediate and irreparable injury or loss will result to the applicant or the child before the adverse party or attorney can be heard in opposition.
III. If temporary orders are made ex parte, relief may be granted as provided under RSA 461-A:9, IV, and the party against whom the orders are issued may file a written request with the clerk of the court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk.
IV. If a petition is brought under this section, the court shall determine whether the adverse party is in contempt of a court order regarding an approved parenting plan issued under this chapter or of a custody or a visitation order previously issued under RSA 458 and shall have the authority to make appropriate orders thereto.
V. The department of health and human services shall receive a copy of any order to enforce a parenting plan issued under this section and may use a party’s noncompliance with the parenting plan as the basis for initiating an investigation of abuse and neglect, under RSA 169-C, in appropriate cases.
2 Effective Date. This act shall take effect 60 days after its passage.