A change to New Hampshire’s long-standing law governing the enforcement of child custody orders went into effect at the beginning of January, 2025. While the new law, which updates and replaces the previous version of NH RSA 461-A:4-a, does not mark a radical departure from the basic structure formerly followed by New Hampshire family courts, it does provide significantly greater detail and specificity regarding filing procedures and timelines, and also clarifies the fee structure for parents filing what the law now terms a “family access” motion. Parents who have questions about what the new law for family access motions means for their parenting plans may wish to consider speaking with an experienced child custody attorney with Naro Law to discuss how the 2025 changes relate to the specifics of their situation. Call (603) 212-9480 to schedule a consultation.
Key Changes to New Hampshire Child Custody Enforcement 2025
Parents may find it reassuring to know that the basic premise behind the parenting plans originally approved by a New Hampshire court, and the judicial enforcement thereof, has not changed: As always, the goal of the New Hampshire family courts is to safeguard the best interest of each child. Whereas in previous years parents have often said that they found the process for requesting judicial enforcement of their court-ordered parenting plans confusing and difficult to navigate, however, the hope is that the most recent updates will make the filing procedures more transparent and less stressful, both for parents representing themselves and for those who are working with dedicated New Hampshire family law attorneys. Because much of the published advice focuses on the older rules, understanding some of the essential changes to RSA 461-A:4-a, and how the new law regarding family access motions differs from its predecessor, may help to set you up for a positive experience.
Key Change #1: Level of Guidance
The text of RSA 461-A:4-a that was active through the end of 2024 consisted of a single sentence, stating that a motion for judicial enforcement or contempt for non-compliance, when filed by a parent, must be reviewed within 30 days. The 2025 revision runs to several paragraphs, elaborating in detail how each step of enforcement proceedings should be handled. Not only parents, but the family law attorneys who frequently find themselves in the position of needing to explain somewhat opaque judicial processes, are likely to find the increased granularity of detail to be a practical improvement.
Key Change #2: Timeline
Through the end of 2024, New Hampshire’s law governing judicial enforcement of parenting plans stated that if a parent filed a motion for enforcement or contempt, the court must then hear the case within 30 days of the initial filing (see above). The revision that took effect at the beginning of 2025 both shortens and lengthens the timeline, by breaking it into unequal stages.
Within 10 days after a parent files a family access motion under the new law, the clerk of court must prepare a summons. The issuance of this summons then sets of a series of steps related to formal service of process. Hearings may be held, as appropriate, but the law now requires that the court make a final determination in the matter no more than 60 days after the allegedly non-compliant parent has been formally served. A New Hampshire family law attorney with Naro Law may be able to explain more about service of process in a personalized consultation.
Key Change #3: Pro Se Motions
In preparation for the new requirements, each local New Hampshire court hearing family cases was tasked with developing a “simple form” to use in the filing process. The “simple form” requirement both adds support for “pro se” parents (those not represented by an attorney in the matter) and standardizes the process by which such parents can file their requests for judicial enforcement of parenting plans previously approved by a court.
Key Change #4: Clarification and Standardization of Filing Fees
The previous version of RSA 461-A:4-a made no mention of filing fees, leaving parents seeking parenting plan enforcement to find that information out from their local courts, or – for parents working with professional legal representation – from their private attorneys. The 2025 update standardizes the filing fee for requesting child custody enforcement, not by imposing a statewide rate but by linking the fee in each district to the “standard” fee for filing “any civil action” in that court. This provision stands to improve cost transparency by streamlining the information-gathering process for many parents (who may reasonably want to get an estimate of their likely expenses, whether they are planning to retain the services of a New Hampshire family law attorney in their child custody dispute or not).
Key Change #5: Specification of Remedy
The amendment that went into effect at the beginning of 2025 also provides significantly more detail than its predecessor in outlining the various remedies a New Hampshire court may consider for an “aggrieved” parent who applies for relief via the family access motion. As Cornell Law School’s Legal Information Institute (LII) explains, in legal contexts remedy and relief are in many cases practically interchangeable – but when it comes to finer shades of meaning, relief is a slightly broader concept in jurisprudence, referring to any application a party makes to a court for assistance, irrespective of whether any discrete, “tangible” harms are alleged. The word can even, in some instances, refer to a party’s request for a court’s preemptive intervention; in certain areas of business law, for instance, it is not unusual for one party to file a request for “injunctive relief,” asking a court to issue an order to prevent another party from taking some action the party requesting the “relief” expects to be harmful.
Where the distinction becomes relevant, remedy refers more precisely to the specific actions a court may order one party to take in order to make things right with the party applying for relief. Thus the amended and expanded text of RSA 461-A:4-a establishes an outline of standard remedies a court may order in favor of a parent who has applied for relief in the form of child custody enforcement.
New Hampshire Parenting Plan Continuity
The introduction of New Hampshire’s family access motion provides parents who have been unreasonably deprived of their court-ordered parenting time with a clearer path to remedy (and relief) than many have enjoyed, but the new law will not in itself alter existing parenting plans, or the way initial child custody determinations are made in the New Hampshire courts. In other words, the latest revision of RSA 461-A:4-a may make it easier for some parents to file their requests for court intervention to enforce the terms of a parenting plan and child custody schedule that is already in place, but the family access motion is not a tool for, or a reason to worry about, changing the terms of your parenting plan.
Similarly, the best interest of the child standard will still apply in all child custody (parenting plan) matters in New Hampshire. What this means for you as a parent is that filing a family access motion, under the new guidelines provided under the updated text of RSA 461-A:4-a, for trivial reasons, or over minor and temporary deviations from your normal court-ordered parenting plan, is not likely to be viewed favorably by any judge in the state’s family courts. Before filing a motion, it is usually a good idea to first try negotiating with your co-parent to find a way to make the existing parenting plan work, to establish a temporary accommodation if the deviations have been caused by circumstances (such as short-term job or family issues for one parent) that are likely soon to be resolved, or – depending on the circumstances – to devise a proposed modification to your parenting plan that you and your ex can submit jointly to the New Hampshire court with jurisdiction over your case.
Speak With a New Hampshire Family Law Attorney
New Hampshire courts take adherence to court-ordered parenting plans seriously. If your ex is repeatedly and consistently thwarting the child custody schedule that was approved by a New Hampshire court as part of the final decision in your divorce case, the family access motion provided for under the 2025 revisions to RSA 461-A:4-a offers you a powerful and at the same time streamlined tool for seeking remedy in the form of judicial enforcement. Before filing a motion with the court, however, you may wish to consider speaking with an experienced New Hampshire family law attorney to review all your options. Call (603) 212-9480 today to schedule a consultation with Naro Law.
