New Hampshire Family Justice
Reminder: The bill to abolish family court has its House hearing this week.
Key points to help you draft your testimony to legislators are below.
Tuesday, February 11 – House Children and Family Law Committee
Room 206-208, Legislative Office Building, 33 N State Street, Concord, NH
‼️1:30PM – HB 652-FN – abolishing the family division, creating the office of family mediation, and reassigning the jurisdiction of the family division.
✅ Support ✅
This bill abolishes the family division of the circuit court, creates the office of family mediation, and reassigns the jurisdiction of the family division to probate and superior court. This is our priority legislation for this year. Please click the bill title link above and read the bill in full. We are hoping to have a huge turnout for this hearing. Please attend.
Key points below.
Committee testimony has the most impact on the outcome of a bill.
You can also submit your support or opposition and written testimony online here.
Additionally, you find committee member contact info here, and may call them individually and/or send them an email.
HB652-FN Key Points
This bill proposes significant changes to the family court system in New Hampshire, transitioning cases from a specialized family division of the circuit court to a new Office of Mediation and Arbitration, which will oversee the administration of family mediation and alternative dispute resolution programs. It will eliminate the financial incentives and manipulation of Title IV and other HHS taxpayer money programs and ensures due process and consistent rules of evidence that protect child victims and the accused in abuse and neglect cases.
KEY POINTS:
Closes Administrative Family Court while an exit strategy transitions cases to the new Office of Mediation and Arbitration of New Hampshire and/or the Superior Court, a real court of law.
- This bill is based on restoring due process and impartiality in family law.
- This bill assures children and families that their rights are guaranteed
- All attempts to revoke individual rights and freedoms or remove children will have due process protections applied.
- The administrative family court will be closed.
- The State Office of Mediation and Arbitration will receive family law cases.
- Undisputed current or incoming cases will go to the new department of Mediation (this is completely different than the current NH Independently operated NH Mediation Firms)
- The superior court will have exclusive jurisdiction over cases previously within the jurisdiction of the circuit court family division, including petitions for divorce, nullity of marriage, alimony, custody of children, support, and establishment of paternity.
- Parties may first seek to resolve their cases through the Office of Family Mediation before proceeding to court.
- Criminal Court – If a family has a claim of abuse or abuse occurs during the process, the case will go to Superior Court where due process is guaranteed, and evidence is considered with consistent rules – no arbitrary decision-making by family court administrative law judges (assures protections for victims and accused)
- Civil Court – If a family is unable to resolve civil or financial disputes, they will go to a Civil Law Court where evidence is treated consistently.
- This bill stops stakeholders motivated by money from profiting at the expense of children and families.
- This bill eliminates the flow of Title IV grant money and Child Support Contract motivations by the Bureau for Child Support Services (BCSS).
- This bill will also stop the flow of Title IV incentive money to the ‘administrative family court’ by eliminating the family court and establishing a state agency with all accountability measures and enforcement remedies upon those who are employees or sworn officers of the state (not outsourced contractors).
- This bill will stop the arbitrary decisions of outsourced contractors (family court judges).
- This bill will stop the arbitrary influence of Attorneys, Guardians Ad Litem, and Therapists who participate for billing opportunities without being justified
- The bill establishes that willful misconduct by any administrator will have consequences, and any immunity is only offered during state working hours.
- This bill establishes a Quality Assurance Program to deal with complaints and discrepancies that will include three members of the general public on a rotating schedule.
- The board is required to establish eligibility requirements for certification as a family mediator, including holding a bachelor’s or advanced degree from an accredited institution in a discipline relevant to family issues. (No random hires, no third-party hires, no contractors, no money incentives to harm children and families)
- Parental rights and responsibilities: Mediators from either office have no authority to make decisions or impose settlements upon parties; any settlement is entirely voluntary. (This addresses the problematic orders churning from family court of orders that are not judicially enforceable and create case protraction for financial gain)
- All final documents will be filed with the court, reviewed by a constitutionally appointed and sworn judge and so ordered.
- This bill promotes resolution over artificial and improper influences of attorneys, GALs, Therapist, Private Investigators, etc., that have plagued our children and families for 20 years.
- This bill will also help establish a future restitution fund for victims who have been within the court for more than 2 years and have documented harm resulting from the family court actions.
- This bill began as a consideration to all families and children and the preventable harm and lack of due process practiced in NH. Further consideration has been given to how the Taxpayers have been saddled with paying for the crimes and harm resulting from the family court. The bill aims to stop the accumulation of more families harmed, thereby stopping the flow of taxpayer money to fund state-sanctioned abuse under color of law.
