458-A:1 Definitions. – In this chapter: I. " Abandoned " means left without provision for reasonable and necessary care or supervision. II. " Child " means an individual who has not attained 18 years of age. III. " Child-custody determination " means a judgment, decree, or other order of a court providing for the […]
458-A:10 Taking Testimony in Another State. – I. In addition to other procedures available to a party, a party to a child-custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken […]
458-A:11 Cooperation Between Courts; Preservation of Records. – I. A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to produce or give evidence pursuant to procedures of that state; (c) Order that an evaluation be made with respect to the […]
458-A:12 Initial Child-Custody Jurisdiction. – I. Except as otherwise provided in RSA 458-A:15, a court of this state has jurisdiction to make an initial child-custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the […]
458-A:13 Exclusive, Continuing Jurisdiction. – I. Except as otherwise provided in RSA 458-A:15, a court of this state which has made a child-custody determination consistent with RSA 458-A:12 or RSA 458-A:14 has exclusive, continuing jurisdiction over the determination until: (a) A court of this state determines that neither the child, nor the child and […]
458-A:14 Jurisdiction to Modify Determination. – Except as otherwise provided in RSA 458-A:15, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under RSA 458-A:12, I(a) or (b) and: I. The court […]
458-A:15 Temporary Emergency Jurisdiction. – I. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to […]
458-A:16 Notice; Opportunity to be Heard; Joinder. – I. Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of RSA 458-A:7 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents […]
458-A:17 Simultaneous Proceedings. – I. Except as otherwise provided in RSA 458-A:15, a court of this state may not exercise its jurisdiction under this subdivision if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction […]
458-A:18 Inconvenient Forum. – I. A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. […]
458-A:19 Jurisdiction Declined by Reason of Conduct. – I. Except as otherwise provided in RSA 458-A:15, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless: (a) The parents and all […]
458-A:2 Proceedings Governed by Other Law. – This chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Source. 2009, 191:1, eff. Dec. 1, 2010.
458-A:20 Information to be Submitted to Court. – I. In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or whereabouts, the places where the child has lived during the last 5 years, and the […]
458-A:21 Appearance of Parties and Child. – I. In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who […]
458-A:22 Definitions. – In this subdivision: I. " Petitioner " means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination. II. " Respondent " means a person against whom a proceeding has […]
458-A:23 Enforcement Under Hague Convention. – Under this subdivision a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination. Source. 2009, 191:1, eff. Dec. 1, 2010.
458-A:24 Duty to Enforce. – I. A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination […]
458-A:25 Temporary Visitation. – I. A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing: (a) A visitation schedule made by a court of another state; or (b) The visitation provisions of a child-custody determination of another state that does not provide for […]
458-A:26 Registration of Child-Custody Determination. – I. A child-custody determination issued by a court of another state may be registered in this state, with or without a simultaneous request for enforcement, by sending to the office of the clerk of the superior court: (a) A letter or other document requesting registration; (b) Two copies, […]
458-A:27 Enforcement of Registered Determination. – I. A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state. II. A court of this state shall recognize and enforce, but may not modify, except in accordance […]
