Tuesday, February 8, 2011

Seriously here again do NOT GET CAUGHT UP IN THE RHETORIC


Check out this article and let’s talk about a complete "waste of time" this session with legislators enacting laws that are already on the books!

For example:
HB 1585 relative to enforcement of orders regarding parenting plans, which would establish an expedited hearing process for motions to enforce parenting plans.  Essentially the parents are seeking more timely intervention in the cases where the custodial parent is non-compliant with court ordered visitation rights...so they say

Hello Stephens you’re a lawyer right?? Missed the facts again no wonder you're not practicing.

1st there is this thing called an "Ex Parta Motion" for relief = done or made at the instance

2nd NH RSA 461-A:11 Modification of Parental Rights and Responsibilities. –
I. The court may issue an order modifying a permanent order concerning parental rights and responsibilities under any of the following circumstances:
....
(b) If the court finds repeated, intentional, and unwarranted interference by a parent with the residential responsibilities of the other parent, the court may order a change in the parental rights and responsibilities without the necessity of showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child.

coupled /or with
NH RSA 461-A:4-a Judicial Enforcement of Parenting Plan. – Any motion for contempt or enforcement of an order regarding an approved parenting plan under this chapter, if filed by a parent, shall be reviewed by the court within 30 days.
Source. 2006, 251:1, eff. Aug. 4, 2006.

Common sense applies here ... possibly, heres a novel idea have the courts actually do their jobs and instead of sending a lack lustrous program like DHHS/DCYF down the parents back, (one that has again failed the federal audit) if one parent was suppose to have visitation start fining the person not doing what they are suppose to do!  Maybe then the courts could open up to 5 days a week and get up to date with their computer systems. 

The administrative offices of these courts in NH could also get their act together and apply some structure across the board so that hearings are actually done consistently across the board in all areas of the State.  Just a thought ...

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