HB 1469 – AS INTRODUCED
2012 SESSION
05/04
HOUSE BILL 1469
AN ACT relative to enforcement of parenting plans.
SPONSORS: Rep. Lambert, Hills 27
COMMITTEE: Children and Family Law
This bill:
I. Directs the court to provide notice of the type remedies the court may order to enforce a parenting plan.
II. Provides that, if a party has violated a parenting plan, the court may modify the parenting plan or schedule, require the party to post a bond, require either or both parties to attend counseling, award attorney’s fees to the prevailing party, or modify a spousal support order.
III. Provides that the department of health and human services may initiate an abuse and neglect investigation under RSA 169-C based on parenting plan violations.
IV. Authorizes law enforcement to enforce court orders relative to residential responsibility for a child.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2385
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to enforcement of parenting plans.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Judicial Enforcement of Parenting Plan. Amend RSA 461-A:4-a to read as follows:
461-A:4-a Judicial Enforcement of Parenting Plan.
I. Any motion for contempt or enforcement of an order regarding an approved parenting plan under this chapter, if filed by a parent, shall be reviewed by the court within 30 days.
II. The court shall provide forms for:
(a) A motion for contempt or enforcement of an order regarding an approved parenting plan.
(b) A notice of the remedies imposable under paragraph III, which shall include the following statement:
“When pleaded and shown in a separate legal action, violation of court orders, including parenting plans, may also result in a finding of contempt, which can lead to fines, imprisonment, or other penalties, including compulsory community service.”
III. In addition to any other remedy the court may impose to enforce the provisions of a judgment relating to the parenting plan, the court may:
(a) Modify the provisions relating to the parenting plan by:
(1) Specifying a detailed parenting schedule;
(2) Imposing additional terms and conditions on the existing parenting schedule; or
(3) Ordering additional parenting time, in the best interests of the child, to compensate for wrongful deprivation of parenting time.
(b) Order the party who is violating the parenting plan to post bond or security.
(c) Order either or both parties to attend counseling or educational sessions that focus on the impact of violation of the parenting plan on children.
(d) Award the prevailing party attorney’s fees and court costs pursuant to RSA 461-A:15.
(e) Terminate, suspend, or modify spousal support pursuant to RSA 458:19, V-a.
IV. 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 New Section; Order of Assistance to Enforce Parental Rights. Amend RSA 461-A by inserting after section 4-a the following new section:
461-A:4-b Order of Assistance to Enforce Parental Rights.
I. A parent may file an ex parte motion for an order of assistance to enforce a prior order establishing residential responsibility for a child. The order of assistance may direct a law enforcement agency having jurisdiction where the child is located to use any reasonable means and force to deliver the child as directed by the court, including directing forcible entry into specified premises. The court shall schedule an expedited hearing on the motion and may issue an order of assistance upon the sworn affidavit of the applicant and a finding by the court that:
(a) The applicant has residential responsibility for the child under a valid and current court order; and
(b) The child is being held by another person in substantial violation of the order.
II. The law enforcement agency to which an order of assistance is directed shall make a return to the court specifying whether the order was executed, and if so, a statement indicating the date on which the order was executed and any other information required by the court, including whether the matter was referred for criminal prosecution under RSA 633:4.
III. A court may not issue an order of assistance for the purpose of enforcing any aspect of a parenting plan or parenting schedule other than residential responsibility.
IV. Except for intentional torts committed outside the scope of the law enforcement officer’s duties, a law enforcement officer is not civilly or criminally liable for any action taken in recovering the custody of a child pursuant to an order issued under this section.
3 New Paragraph; Spousal Support. Amend RSA 458:19 by inserting after paragraph V the following new paragraph:
V-a. A violation of a parenting plan order under RSA 461-A:4-a may be grounds to modify any alimony order or agreement.
4 Effective Date. This act shall take effect January 1, 2013.