Custodia

If the other parent prevents or interferes with your parenting time in a significant way and without a good reason (good cause), you can file a “family access motion or petition for enforcement of the parenting plan”.¹ Within 10 days of when you file the motion, the court will issue a summons that needs to be served on the other parent with a copy of your motion.² Your motion should be decided within 60 days of when the other parent is served, unless you and the other parent agree to a different schedule or the judge decides it is in the child’s best interest.³  

If, after a hearing, the judge finds that the parenting plan was “substantially and materially” violated, among other things, s/he can order:

• make-up parenting time, which should be at a time convenient for you and at least as long as the time you missed;
• the other parent to attend counseling meant to teach him/her about the importance of your child having a continuing and meaningful relationship with both parents;
• the other parent to pay you a fine of up to $500;
• the other parent to provide money (post a bond or security) that would be forfeited if s/he violates the order again in the future; and
• the other parent to pay for the cost of counseling to reestablish your relationship with your child.⁴

If you ask and the judge believes there is a good reason for it, the other parent can also be ordered to pay all costs related to your lost or interrupted parenting time. This can include your attorney’s fees and the costs of your motion or petition.⁵

¹ N.H. Rev. Stat. § 461-A:4-a(I), (VII); see Family Access Motion / Petition for Enforcement of Parenting Plan on the New Hampshire Courts website
² N.H. Rev. Stat. § 461-A:4-a(III)
³ N.H. Rev. Stat. § 461-A:4-a(VI)
⁴ N.H. Rev. Stat. § 461-A:4-a(IV)
⁵ N.H. Rev. Stat. § 461-A:4-a(V