HB 1006-FN - AS INTRODUCED
2024 SESSION
24-2006
05/10
HOUSE BILL 1006-FN
AN ACT relative to creating a family access motion for the enforcement of parenting plans.
SPONSORS: Rep. Kuttab, Rock. 17; Rep. M. Pearson, Rock. 34; Rep. Ball, Rock. 25; Rep. DeSimone, Rock. 18; Rep. J. Nelson, Rock. 13; Rep. M. Smith, Straf. 10; Rep. Moulton, Hills. 20; Sen. Ricciardi, Dist 9
COMMITTEE: Children and Family Law
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ANALYSIS
This bill establishes a family access motion for enforcement of parenting plans by the family division of the circuit court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2006
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to creating a family access motion for the enforcement of parenting plans.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Judicial Enforcement of Parenting Plan. RSA 461-A:4-a is repealed and reenacted to read as follows:
461-A:4-a Judicial Enforcement of Parenting Plan; Family Access Motion.
I. In the event of noncompliance with a court approved parenting plan under this chapter, including denying or interfering with visitation without good cause, the aggrieved parent may file a family access motion for enforcement of the parenting plan. The motion shall state the specific facts which constitute a violation of the parenting plan.
II. The court shall develop a simple form for pro se motions by the aggrieved person, which shall be provided to the person by court staff. The cost of filing the motion shall be the standard court costs otherwise due for instituting a civil action in the circuit court.
III. Within 10 court days after the filing of the family access motion pursuant to paragraph I, the clerk of the court shall issue a summons pursuant to applicable state law, and applicable local or supreme court rules. A copy of the motion shall be personally served upon the respondent by personal process server as provided by law or by any sheriff.
IV. Upon a finding by the court pursuant to a motion for a family access order or a motion for contempt that its order for custody or visitation has not been complied with, without good cause, the court shall order a remedy, which may include, but not be limited to:
(a) A compensatory period of visitation at a time convenient for the aggrieved party, of not less than the period of time denied;
(b) Participation by the violator in counseling to educate the violator about the importance of providing the child with a continuing and meaningful relationship with both parents;
(c) Assessment of a fine of up to $500 against the violator payable to the aggrieved party;
(d) Requiring the violator to post bond or security to ensure future compliance with the court's access orders; and
(e) Ordering the violator to pay the cost of counseling to reestablish the parent-child relationship between the aggrieved party and the child.
V. The reasonable expenses incurred as a result of denial or interference with custody or visitation, including attorney's fees and costs of a proceeding to enforce visitation rights, custody or third-party custody, shall be assessed, if requested and for good cause, against the parent or party who unreasonably denies or interferes with visitation, custody or third-party custody. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the court.
VI. Final disposition of a motion for a family access order filed pursuant to this section shall take place not more than 60 days after the service of such motion, unless waived by the parties, or as determined to be in the best interest of the child.
VII. If the case is closed at the time relief is sought, an equivalent family access petition for enforcement of the parenting plan may be filed. Motions or petitions filed pursuant to this section shall not be deemed an independent civil action from the original action pursuant to which the judgment or order sought to be enforced was entered.
2 Effective Date. This act shall take effect January 1, 2025.
24-2006
10/12/23
HB 1006-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to creating a family access motion for the enforcement of parenting plans.
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 Increase | Indeterminable Increase | $0 | ||
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] No • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill establishes a family access motion for enforcement of parenting plans by the family division of the circuit court.
The Judicial Branch states it is not possible to estimate how this bill would impact the cost of conducting enforcement of parenting plans. The Branch anticipates additional expenditures would be incurred to train judges in order to ensure consistent application of the statute. The Branch has a budget appropriation for training and judges currently receive about one week of training each year. Additional costs would be incurred to update the ongoing training and the Branch may also incur costs above the normal training to ensure all judges are trained on the new law in time to comply with the effective date of the bill.
AGENCIES CONTACTED:
Judicial Branch