When parents divorce, even with a clear and detailed child custody agreement in place, they can continue to battle over issues with their children. Typically, when one parent isn’t abiding by the terms of a custody order, the other parent can return to court to seek their compliance. Sometimes, the court will penalize the non-compliant parent, perhaps by restricting some of their parenting rights.
Some New Hampshire state lawmakers are seeking to add criminal penalties for parents who repeatedly interfere with a custody order. They’ve introduced legislation that would create a “three-strikes” system.
What would the proposed law do?
The proposed law would allow a parent to be charged with a Class B felony “if they knowingly interfere with a lawful court order regarding parenting time for a child under 18, including obstructing contact or unlawfully retaining the child.” A conviction can carry a prison sentence of up to seven years and a $4,000 fine.
Those who support this legislation say that by including serious custody violations in the criminal code, they make it easier and less time-consuming for parents to deal with a seriously non-compliant ex than it is now, where their only avenue for relief is typically through the civil courts. Currently, the only time someone can face a criminal penalty for violating a custody order is if they take their child out of the state to intentionally deny the other parent or any protective agency access to the child.
Those against the proposed law argue that custody disputes generally don’t belong in criminal courts. One lawmaker says, “I just don’t think it’s a positive thing to start to criminalize some of this behavior. It’ll make things worse; it won’t make things better.”
What will the new year bring?
Like a great many issues, the split is largely along party lines, with Republicans behind it and Democrats against it. Since the Republicans are in the majority, the legislation seems likely to move forward when the new year’s session begins.
Regardless of whether this becomes law or not, it’s crucial for parents to follow all court orders regarding their children unless they’re in imminent danger. Anyone who believes the terms of an order are unreasonable or impossible for them to follow should get experienced legal guidance as soon as possible to protect their and their child’s rights.
