NHFJ: HB1710 Hidden Agenda – It is a ‘Red Herring’ Bill

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HB1710: Nullifying Parents’ and Childrens’ Rights without Due Process or Evidence

The Uniform Child Abduction Prevention Act (UCAPA) legislation HB1710 authored by judges, lawyers, mediators, mediation and therapy professionals has been drafted under the influence of special interests and financial incentives.

The Sponsors of HB1710 will come as no surprise to anyone who is up to speed on the Family Court Issues and how the CFL Committee conducts business: (Prime) Markell (R), DeSimone (R), Litchfield (R), Lynn (R), Nelson (R), Mark Pearson (R).

Tsk, Tsk, Tsk. Such a shame, it’s always a similar group of legislators, making the same fuss, and legislating against due process rights for families. Just some, part of a handful, who have been around long enough to establish the family court scheme and continue it’s legislative manipulations today.  

More about HB1710

This legislation will effectively nullify our state and federal constitutional rights. It aims to legitimize the operation of the executive branch’s administrative court (Family Court), which functions in a manner akin to organized racketeering influenced and corrupt organizations (RICO), thereby subverting the rule of law and the fundamental principles of justice. This system operates through coercive tactics designed for profit, undermining the very foundation of fair and lawful proceedings.

The authors of this bill reveal their intention based on these following 5 critical facts:

1)      Process – The process described below has already been in consistent use and is a gross deprivation of rights and legal protections responsible for the harm to parents and children in family law matters.

2)      Purpose – The purpose by the architects of this bill is to put into legislation words that would support the financial interest, over both parents’ and childrens’ rights.

3)      Reactive – Passing this bill or anything similar is reactive and working to preserve the interests of family court financial stakeholders – as the nation is rallying around NH HB652 to abolish and dismantle the family court system.

4)      Result – The result of this bill would be your legislative representatives voting for:

  • systemic and egregious violations of due process and deprivation of rights in an administrative law court administered by state actors without proper adjudication.
  • unfettered discretion of state actors who profit by participating in the largely fabricated family law cases.
  •   continuing the current practices and procedures that’s responsible for the mounting harm to our parents and families – over ten thousand NH parents yearly.
  • continuing the status quo with zero accountability measures for state actors or financial stakeholders.

5)      Normalize – Acceptance of this bill in any form would effectively legalize the authors’ intent to continue the racket operation of the administrative processing of family commodities in an Executive Branch court, within an organized framework targeting Parents and Children for financial gains.

This system has been operating for twenty years, generating profit streams and transferring wealth from families to those who operate and benefit from it. Such a scheme diverts family resources that should be used for raising children, instead funneling them into the pockets of system stakeholders. 

RED HERRING? YOU DECIDE.

This bill aims to legalize and endorse the existing fabricated processes and procedures that have contributed to the problems within the family courts, leading to harm and conduct issues with YDC, DCYF, and BCSS in New Hampshire. How many taxpayers are willing to continue funding this system?

The bill diverts attention from HB652 dismantling family court which was designed to restore parental rights and due process. As states continue to jump board…..

HB1710 hides behind propaganda of child safety, while in reality it masks the intent to strip all the foundational rights of mothers and fathers.

The adoption of the Uniform Child Abduction Prevention Act (UCAPA) is a classic example of a ‘red herring’—a misleading distraction dressed up as child abduction prevention. While safeguarding children should be a top priority, the provisions of this law will actually enshrine into law the existing issues within family court practices, thereby undermining the rights of parents and children under the guise of child protection. It grants family courts state hearing actors and other authorities a legal tool to usurp due process again. Enabling them to restrict and remove parental rights and freedoms legally, without the involvement of a jury in a Title III court and without evidence and unwarranted profiling.

1. Erosion of Parental Autonomy ALREADY an EXISTING PROBLEM in FAMILY COURTS

HB1710 permits family courts to impose restrictions on parents based on a credible risk of abduction, this can be determined through evidence that may be subjective or based on suspicion.

Such measures include:

  • Travel bans or restrictions, including requiring parents to surrender passports or travel documents.
  • Supervised visitation, limiting or controlling parents’ contact with their children.
  • Court orders that prohibit or restrict parents from removing children from designated geographic areas or jurisdictions.
  • Controlling parents activities and more while intentionally labeling one parent in every case as unfit to qualify for federal incentives and create unlimited billing opportunities.

These restrictions quite effectively diminish a parent’s ability to make decisions about their own child’s movement, location, and contact, infringing upon their autonomy and legal rights to parent their children freely.

2. Due Process Violations ALREADY an EXISTING PROBLEM in FAMILY COURTS

The law allows for ex parte orders—actions taken without the other parent or guardian present—such as warrants to seize children or impose restrictions. These orders are issued all the time without a credible risk assessments. Decisions are subjective and prone to overuse to achieve specific predictable outcomes.

  • Parents have limited, if any, opportunity to contest or present evidence against such orders (recommendations) before they are enforced.
  • The process currently does not safeguard against false accusations, leading to wrongful restrictions or child custody actions, and 1710 will enshrine it as acceptable.

This will continue to diminish parents’ rights to fair hearings and due process, risking unjust deprivation of their parental rights based on unverified or misinterpreted allegations.

3. Potential for Abuse and Misuse ALREADY an EXISTING PROBLEM in FAMILY COURTS

Given the law’s current fabricated enforcements, the risk of misuse will continue to get worse in family disputes:

  • Strategic use of the law to gain leverage in custody battles and continue high conflict over resolution – so families can move on with their lives in peace during a critical development stage for their children.
  • False accusations are the most common tactic used by therapists, GALs, attorneys, and others to manipulate the family court system into producing a predictable outcome—sometimes involving abduction. In reality, abduction actually already occurs at a rate higher than is publicized. Instead of working to locate or return the child to the state or home, the fabrication stories continues to prevent legal enforcement actions. This process is already embedded in law and in family court they do not follow law. Furthermore, if HB1710 is enacted it will only exacerbate the problem. The false or exaggerated claims of abduction risk will be used even more to restrict a parent’s contact or to coercively force settlements.
  • The overly broad criteria for risk assessment is already ignored or exploited, and will just be exploited unjustly forevermore to restrict or remove a parent’s rights, without evidence of actual abduction intent.

Such misuse will and has caused lasting damage to parental rights and relationships with children in the state of New Hampshire for over 20 years. Just look at DCYF and missing children in these family matters. The harm is measurable and accumulating daily.

4. Impact on International and Cross-Jurisdictional Rights ALREADY an EXISTING PROBLEM in FAMILY COURTS

The law emphasizes cooperation with foreign countries and international treaties like the Hague Convention, which, while designed to facilitate child return, will likely:

  • lead to or continue the status quo of artificially created restrictions on parents traveling or seeking custody across borders.
  • Continue to result in loss of parental rights if authorities act swiftly based on international risk assessments, often without thorough investigation. Especially, since other states and countries will not be aware that the family court orders are probably unenforceable under New Hampshire state laws, as family court judges can only make recommendations. Which already occurs.
  • Impose extraterritorial restrictions that may undermine parental authority and due process under U.S. laws. Which already occurs.

This international focus increases the risk of parental rights and kidnapping while the point is to minimize kidnapping. 1710 will compromise complex jurisdictional and diplomatic contexts.

5. Disproportionate Impact and Fabricated Realities imposed on at least one Parent in every case ALREADY an EXISTING PROBLEM in FAMILY COURTS

Parents who are foreign nationals or have strong international ties may face:

  • Increased restrictions based on perceived international risk but unlikely as the state is free with movement only for the custodial parent.
  • Limitations on travel or communication with their children. Already severing relationships daily in family court without due process or evidence.
  • Greater difficulty in exercising custody rights, especially if authorities act swiftly without verified information (evidence) and based only some international risk factors without comprehensive review through due process.

This will disproportionately disadvantage parents based on nationality, ethnicity, or immigration status as well as the intentional fragmentation of one parent in every case which creates a new marginalized group without justification.

Conclusion, ALREADY an EXISTING PROBLEM in FAMILY COURTS

The Family Court does not prioritize the well-being of children or their parents – it prioritizes profits for the family court stakeholders over humans. Law firms, therapists, GAL’s and mediation and others have had twenty years of fabricated case profiteering – enough!

HB1710 and the UCAPA presents significant negative impacts against parental rights. Currently, the family court system is being seen as a racket because of the fact that current state RSA’s are intentionally subjective and ‘best interest’ is treated as a option not prioritized. Now the sponsors of this bill are exhausted by the errors in having subjective RSA’s for family court process and procedures so they want to make due process a missing constitutional freedom without a CACR.

As Always, You Decide

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