HB351: requiring completion of a child impact seminar prior to filing for divorce.

HB 351 - AS INTRODUCED

2003 SESSION

03-0491

05/09

HOUSE BILL HB 351

AN ACT requiring completion of a child impact seminar prior to filing for divorce.

SPONSORS: Rep. Hopper, Hills 48

COMMITTEE: Children and Family Law

ANALYSIS

This bill requires married parents of minor children to complete a child impact seminar 6 months prior to filing a divorce petition.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0491

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT requiring completion of a child impact seminar prior to filing for divorce.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Child Custody and Support Impact Seminars; Purpose. Amend RSA 458-D:1 to read as follows:

458-D:1 Purpose. The purpose of this chapter is to establish a program which would provide a 4-hour mandatory session for:

I. Married [or unmarried] parents of minor children who are involved in custody and other issues which involve the children so that the adverse impact on the children of the possible litigation process and the family's legal separation or divorce will be minimized.

II. Unmarried parents of minor children who are involved in custody and other issues which involve the children so that any adverse impact on the children from the proceedings will be minimized.

2 Child Custody and Support Impact Seminars; Seminar Required. RSA 458-D:2 is repealed and reenacted to read as follows:

458-D:2 Seminar Required; Court Referral. Following the establishment of the program described in this chapter, in any action before the superior court involving child custody and support issues:

I. Prior to filing a libel for divorce or petition for legal separation, the married parents of minor children shall file a notice of intent to file for legal separation or divorce with the superior court clerk. Upon receipt of the notice of intent, the clerk shall require the parties to attend a 4-hour information session and shall accept the libel for divorce or petition for legal separation, if any, no less than 6 months from the date of completion of the session. This session shall be a seminar on how to help the children deal with the issues surrounding divorce, separation, and custody.

II. If the parties are not married, the clerk of the superior court shall, no later than the defendant's or respondent's filing of an appearance, require the parties to attend a 4-hour information session. This session shall be a seminar on how to help the children deal with the issues surrounding separation and custody. The seminar shall be completed within 45 days of service of the original complaint upon the original defendant.

3 Child Custody and Support Impact Seminar; Seminar Schedule. Amend RSA 458-D:4 to read as follows:

458-D:4 Seminar Schedule. The court shall encourage the presenters to schedule courses so that the seminar is available twice monthly in each county unless the county's population warrants otherwise. One parent need not attend the same seminar as the other parent. In the case of domestic violence, parents shall attend separate sessions. [The seminar shall be completed within 45 days of service of the original complaint upon the original defendant.]

4 New Section; Annulment, Divorce and Separation; Notice of Intent to File for Divorce and Child Custody and Support Impact Seminar Required. Amend RSA 458 by inserting after section 6 the following new section:

458:6-a Notice of Intent and Child Custody and Support Impact Seminar Required. The court's jurisdiction shall be limited to those cases in which the parties have filed a notice of intent to file for divorce and completed a child custody and support impact seminar if required under RSA 458-D:2.

5 Effective Date. This act shall take effect January 1, 2004.