Revision: Dec. 15, 2023, 3:59 p.m.
HB 1659-FN - AS INTRODUCED
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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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 either the obligation to share records or to comply with the 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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.
(1) Unless the court order or parenting plan specifically provides otherwise, 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) Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical, and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, the court shall order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney’s fees, court costs and lost wages of the parent they have denied record access, all fee associated with obtaining the requested information.
2 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan; Additional Parenting Time Awarded. 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. If the court finds that a parent has, without just cause, failed to abide by the terms of a parenting schedule under RSA 461-A:4, the court shall order additional parenting time to the other parent as compensation for time lost with the child. The additional parenting time:
(a) Shall be of the same type and duration as the parenting time that was denied, or a reasonable approximation thereof;
(b) May include weekend, holidays, and summer parenting time; and
(c) Shall occur on or before the second anniversary of the date the court finds the parent in contempt for noncompliance with the court-ordered parenting schedule.
III. In addition to reasonable attorneys fees and costs under RSA 461-A:15, the court may impose a civil fine of $500 for noncompliance with the parenting schedule. Each day of noncompliance may be considered a separate offense.
3 Effective Date. This act shall take effect January 1, 2025.
24-2631
12/11/23
HB 1659-FN- FISCAL NOTE
AS INTRODUCED
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 either the obligation to share records or to comply with the parenting schedule.
The Judicial Branch states it is not possible to estimate how this change in law would impact the frequency and complexity of filings.
AGENCIES CONTACTED:
Judicial Branch