The bill, HB 1323, introduces a definition of "parental alienation" into New Hampshire law, describing it as a pattern of behavior that negatively impacts the relationship between a child and a parent, fostering feelings of fear or hostility towards the other parent. It amends existing legal provisions to incorporate this definition and establish standards for addressing claims of parental alienation in custody and parenting time disputes. Key provisions include allowing parents to file motions for enforcement of parenting plans in cases of parental alienation, requiring courts to consider evidence of such behavior when determining joint decision-making responsibilities, and mandating the award of reasonable attorney fees in cases where parental alienation is substantiated.

Furthermore, the bill modifies existing laws to ensure that allegations of parental alienation are taken into account in various contexts, including parental rights and responsibilities, grandparent visitation rights, and custody modifications. It emphasizes the best interests of the child in all decisions and requires courts to consider specific factors related to parental alienation when making rulings. The bill also expands the scope of "family access motions" to include allegations of parental alienation and establishes a 60-day timeline for court action on these motions. The anticipated fiscal impact includes increased expenditures for the Judicial Branch starting in FY 2027, with costs expected to exceed $100,000 annually, necessitating additional staffing to manage the expected rise in family law cases.

Statutes affected:
Introduced: 461-A:1, 461-A:4-a, 461-A:5, 461-A:6, 461-A:11, 461-A:13, 463:1, 169-C:2, 170-C:1
HB1323 text: 461-A:1, 461-A:4-a, 461-A:5, 461-A:6, 461-A:11, 461-A:13, 461-A:15, 463:1, 169-C:2, 170-C:1