HB 1659-FN - AS AMENDED BY THE HOUSE
21Mar2024... 0921h
2024 SESSION
24-2631
05/08
HOUSE BILL 1659-FN
AN ACT relative to interference with child custody and shared parenting.
SPONSORS: Rep. Post, Hills. 42; Rep. Bernardy, Rock. 36; Rep. Terry, Belk. 7; Sen. Pearl, Dist 17
COMMITTEE: Children and Family Law
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AMENDED ANALYSIS
This bill provides that unless the parenting plan specifically provides otherwise, both parents shall have access to all records and information pertaining to the child. The bill further directs the court to award a parent additional parenting time in response to the other parent's noncompliance with the parenting schedule. The bill also permits the court to fine the parent for noncompliance with the court-ordered parenting schedule.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2024... 0921h 24-2631
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to interference with child custody and shared parenting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Parenting Plan Contents; Access to Records and Information. Amend RSA 461-A:4, II(b) to read as follows:
(b) Information sharing and access, including telephone and electronic access. Unless the court order or parenting plan specifically provides otherwise, and unless otherwise precluded by state or federal law, both parents shall have access to records and information pertaining to a minor child including, but not limited too, medical, dental, and school records.
2 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Schedule. Amend RSA 461-A:4-a to read as follows:
461-A:4-a Judicial Enforcement of Parenting Plan.
I. The court shall hold a hearing on 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] filed by a parent within 30 days, and within 10 days of the conclusion of an investigation by the division for children youth and families (DCYF) or law enforcement.
II. If the court finds that a parent has, without just cause, failed to abide by the terms of a parenting plan under RSA 461-A:4, or access was denied due to an investigation by DCYF that did not result in a finding of abuse or neglect, the court shall order additional parenting time to the other parent as compensation for time lost with the child. The court shall order the parties to resume the parenting schedule immediately thereafter according to the original court-ordered parenting plan.
III. In addition to reasonable attorneys fees and costs under RSA 461-A:15, the court may impose a fine of $500 for noncompliance with the parenting plan.
3 Applicability. This act shall apply to any proceeding in the family division of the circuit court affecting the child-parent relationship pending on or after the effective date of this act. This act shall not apply to any proceeding in which a final order was issued prior to the effective date of this act.
4 Effective Date. This act shall take effect January 1, 2025.
24-2631
Amended 4/3/24
HB 1659-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0921h)
AN ACT relative to interference with child custody and shared parenting.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill provides that unless the parenting plan specifically provides otherwise, both parents shall have access to all records and information pertaining to the child. The bill further directs the court to award a parent additional parenting time in response to the other parent's noncompliance with the parenting schedule. The bill also permits the court to fine the parent for noncompliance with the court-ordered parenting schedule. The Judicial Branch estimates this bill would increase the number of contempt hearings by as many as 2,000 per year resulting in a substantial increase in judicial and staff time. The issuance of initial parenting orders in some cases may be delayed so that the court can hold mandatory contempt hearings in others. It is possible some litigants will file multiple contempt pleadings requiring mandatory hearings on the same or similar sets of facts. The court does not have discretion to decline to hold a hearing on a frivolous pleading or one alleging only minor noncompliance with a parenting plan. Any such additional costs cannot be determined.
AGENCIES CONTACTED:
Judicial Branch
| Date | Amendment |
|---|---|
| March 8, 2024 | 2024-0921h |
| Date | Body | Type |
|---|---|---|
| Feb. 13, 2024 | House | Hearing |
| Feb. 20, 2024 | House | Exec Session |
| March 5, 2024 | House | Exec Session |
| March 5, 2024 | House | Floor Vote |
| April 2, 2024 | Senate | Hearing |
April 25, 2024: Committee Report: Referred to Interim Study, 05/02/2024; Vote 5-0; CC; SC 17
March 27, 2024: Hearing: 04/02/2024, Room 100, SH, 01:00 pm; SC 13
March 26, 2024: Introduced 03/21/2024 and Referred to Judiciary; SJ 8
March 21, 2024: Ought to Pass with Amendment 2024-0921h: MA RC 198-174 03/21/2024 HJ 9
March 21, 2024: Amendment # 2024-0921h: AA DV 189-176 03/21/2024 HJ 9
March 11, 2024: Minority Committee Report: Inexpedient to Legislate
March 11, 2024: Majority Committee Report: Ought to Pass with Amendment # 2024-0921h 03/05/2024 (Vote 8-6; RC)
Feb. 21, 2024: ==CONTINUED== Executive Session: 03/05/2024 10:00 am LOB 206-208
Feb. 2, 2024: ==RECESSED== Executive Session: 02/20/2024 10:30 am LOB 206-208
Jan. 31, 2024: Public Hearing: 02/13/2024 01:15 pm LOB 206-208
Dec. 15, 2023: Introduced 01/03/2024 and referred to Children and Family Law HJ 1