Committee Summary for House Children and Family Law (10/28/2025)

Bill/Time	Type	Title	Sponsor
Unclear 00:14:00.000 - 8:42:51 AM	General Working Session	Unclear

Unclear: Chairperson (Subcommittee on Family Court) Information Only00:14:00.000 - 8:42:51 AM; The chairperson calls the meeting to order on October 27th, reviews subcommittee assignments, and discusses materials from last week including reports on improving New Hampshire family court pre-trial and mediation practices, mediation training and supervision, and a list of family court structures in other states. They note the challenges in achieving quorum due to life events affecting members.
Unclear: Committee Member Information Only00:14:57.279 - 8:43:48 AM; A member comments on the difficulties in maintaining quorum due to surgeries, family emergencies, and other life interventions affecting the subcommittee.
Unclear: Chairperson (Subcommittee on Family Court) Information Only00:16:26.480 - 8:45:17 AM; The chairperson introduces and distributes a report on the current intersection of domestic violence and family courts in New Hampshire, prepared by Representatives Greg and Rice. They emphasize the issue of lack of communication between superior court (handling domestic violence charges) and family court (handling custody issues), and stress the need to solve this problem. They pass the document around for review.
Unclear: Committee Member (Mr. Chairman) Information Only00:19:51.840 - 8:48:42 AM; The member discusses RSA 490-D, which grants family courts original jurisdiction in matters under RSA 169-B, C, D (child abuse statutes) and RSA 173-B (domestic violence protection), with concurrent jurisdiction with district courts for temporary orders. They explain that family courts can hear domestic violence cases, particularly involving intimate partner or family violence, often resulting in bail protective orders or civil orders.
Unclear: Committee Member Information Only00:21:58.880 - 8:50:49 AM; The member references a horrific case in Berlin involving Paris Fuentes and Mr. Gleason, highlighting communication failures between courts. They recommend enhanced communication, expanded use of lethality assessments by law enforcement to protect victims, and note that domestic violence actions under 173-B are typically confidential, limiting access for non-parties including law enforcement in some cases.
Unclear: Committee Member (Mr. Chairman) Information Only00:23:07.840 - 8:51:58 AM; In response to questions on recommendations, the member supports a unified database for better information sharing, notes that criminal cases are not strictly confidential and accessible via court call centers, and suggests that violations of domestic violence protection orders should be entered into the system as criminal offenses.
Unclear: Committee Member Information Only00:25:22.320 - 8:54:13 AM; The member agrees a shared database would be ideal but unlikely soon. They propose educating pro se litigants through court guides to disclose protective orders or criminal charges at hearings, and suggest clerks routinely review dockets daily for such connections. They reference prior discussions with Attorney Kan on this. Additionally, they suggest implementing a 'lawyer for the day' program like in Massachusetts, where volunteer lawyers assist indigent self-represented parties with pleadings and advice.
Unclear: Committee Member (Mr. Chairman) Information Only00:27:54.080 - 8:56:45 AM; The member clarifies that family division clerks and staff should not give legal advice to self-represented parties, though it happens informally. They describe the first appearance orientation process, where judicial officers explain court processes, case management, mediation encouragement, and financial affidavits. They reference Family Division Rule 2.13 on mediation requirements and exceptions, and note that only qualified judicial officers can provide guidance without crossing into legal advice.
Unclear: Committee Member Information Only00:29:03.679 - 8:57:54 AM; The member inquires about the orientation person at first appearances and confirms it's for explaining steps and paperwork to self-represented parties.
Unclear: Committee Member (Mr. Chairman) Information Only00:30:04.720 - 8:58:55 AM; The member elaborates that first appearances are optional for attorneys but required for pro se parties, often via Zoom or in-court, where processes like temporary orders, structuring conferences, pre-trial hearings, and mediation are explained. They reiterate restrictions on giving legal advice.
Unclear: Committee Member Information Only00:31:07.200 - 8:59:58 AM; The member discusses practical issues where clerks informally advise on filings, but notes judges disapprove without enforcement.
Unclear: Chairperson (Subcommittee on Family Court) Information Only00:32:25.440 - 9:01:16 AM; The chairperson highlights the suggestion of a family safety docket from page two of the document, notes the room number (231), and recalls prior discussions on separate family courts or 'one case, one judge' models from special committees. They advocate for statutory requirements for collaborative court work, despite past feasibility concerns, and express intent for the subcommittee to reconvene next year to develop recommendations from the materials.
Unclear: Committee Member Information Only00:33:40.960 - 9:02:31 AM; The member finds the family safety docket idea interesting but requires more study, given experience with high-conflict cases. They describe the existing complex case docket, previously in Brentwood under Judge Lamir for complicated custody or financial matters, where cases stay with one judge unless excused. They note the system already handles high-conflict cases effectively, questioning added benefit of a safety docket.
Unclear: Committee Member (Mr. Chairman) Information Only00:34:34.079 - 9:03:25 AM; The member requests more details on the complex case docket, learning it's for very complicated cases assigned to a special judge, often in Rockingham County, but hasn't been used recently.
Unclear: Chairperson (Subcommittee on Family Court) Information Only00:35:21.839 - 9:04:12 AM; The chairperson emphasizes that self-represented litigants in distress may not disclose DV charges in superior court to family court judges. They suggest courts could independently search for companion cases via systems like Odyssey, noting criminal cases are public record accessible by name and date of birth, except for sealed victim info. Confidential cases include DVPs, guardianships, adoptions, and some abuse/neglect under 169. They clarify parties cannot waive statutory confidentiality for DV cases, though pleadings could be shared informally with potential sanctions.
Unclear: Committee Member Information Only00:38:46.960 - 9:07:37 AM; The member notes the arrival of a late member and distributes additional copies of the document. They confirm Representative Rice is absent.
Unclear: Chairperson (Subcommittee on Family Court) Information Only00:39:45.839 - 9:08:36 AM; The chairperson reiterates the possibility of reconvening the subcommittee next year to review and recommend based on the paperwork. They mention the former liaison's departure on August 11th for a federal job, ongoing conversations with Judge Ellen Christo about filling the role, and the absence of judiciary representation today.
Unclear: Chairperson (Subcommittee on Family Court) Information Only00:40:35.359 - 9:09:26 AM; The chairperson discusses the value of collaboration and codifying recommendations into statute. They note that past subcommittee recommendations may not have been enacted and suggest reviewing upcoming bills to add relevant amendments rather than delaying until the next filing period. They highlight the intersection of domestic violence and family court, proposing legislation to ensure criminal courts report DV convictions to family courts for judicial awareness. They reference involvement in a case where a judge ruled appropriately after being informed of issues.
Unclear: Representative Markell Information Only00:44:03.119 - 9:12:54 AM; Representative Markell shares experiences from a case in another jurisdiction where informing the judge of a person's issues led to appropriate rulings, emphasizing the importance of judicial awareness in domestic violence cases. They describe Massachusetts practices where judges receive sealed criminal records (CORI) in family court cases, listing violations and dispositions, to aid informed rulings. They stress the need to consider such mechanisms in New Hampshire legislation.
Unclear: Unnamed Speaker (possibly Jody) Information Only00:45:06.240 - 9:13:57 AM; The speaker notes the limited number of bills expected before the committee and suggests reviewing them quickly to incorporate family court amendments. They express intent to address issues promptly rather than waiting until September.
Unclear: Representative D. Simone Information Only00:46:25.040 - 9:15:16 AM; Representative D. Simone presents research on counseling and therapy in family court, noting vague data due to limited court access to such information. They argue family court navigates complex mental health issues, especially when mediation fails due to animosity. They reference a case where one party falsely claimed therapy with an inappropriate provider and highlight how courts can encourage healthier mediation attempts to avoid costly litigation. They oppose abolishing family court, favoring education and support instead.
Unclear: Unnamed Speaker Information Only00:49:23.359 - 9:18:14 AM; The speaker clarifies that judges can order or strongly recommend counseling in parenting plans under the best interest of the child, referencing Family Division Rule 2.13 which mandates mediation in cases with minor children unless inappropriate (e.g., due to domestic violence). They explain mediation rules, flexibility for private mediators, and the need for both parties' willingness and adequate discovery. They discuss alternative dispute resolution like neutral case evaluation, which often settles cases by simulating trial outcomes.
Unclear: Representative Information Only00:55:49.760 - 9:24:40 AM; The representative agrees on the value of neutral case evaluation but notes it doesn't always work for fixed parties seeking their day in court. They discuss advising clients on case outcomes to encourage settlement and reference a case where refusal to mediate led to high fees and unfavorable rulings.
Unclear: Representative Nelson Information Only01:01:20.000 - 9:30:11 AM; Representative Nelson presents on addressing pro se litigant challenges, suggesting education on processes, rights, and resources. They propose a simple guide like 'Baby's First Book of Going to Court' in collaboration with the bar association, noting available funding. They emphasize communication as the key issue for pro se litigants.
Unclear: Unnamed Speaker Information Only01:02:55.920 - 9:31:46 AM; The speaker supports the book idea, suggesting a 'Family Court for Dummies' style with bullet points for simplicity, given litigants' time constraints and aversion to complex videos or documents.
Unclear: Representative D. Simone Information Only01:04:15.680 - 9:33:06 AM; Representative D. Simone discusses efforts with the judicial branch to educate the public on pro se issues via brochures, suggesting improvements or expansions for better comprehensiveness, especially at filing.
Unclear: Representative Markell Information Only01:05:44.240 - 9:34:35 AM; Representative Markell discusses the need for better resources for self-represented parties in family court, referencing handouts and packets used in Massachusetts and New Hampshire for mediation and mandatory self-disclosure in parenting and divorce cases. He agrees to secure copies of existing brochures for the committee.
Unclear: Unnamed Representative (planning trip to Derry courthouse) Information Only01:06:56.319 - 9:35:47 AM; Offers to visit the courthouse in Derry to gather brochures and information available for self-represented parties and agrees to obtain eight copies for the committee.
Unclear: Representative Nelson Information Only01:07:57.839 - 9:36:48 AM; Explains that many family court forms and resources are available online through the judicial branch website under family law forms. Notes that these are typically served with parenting petitions and divorce cases involving minor children. Supports the idea of a basic introductory guide for self-represented parties before they access more detailed packets.
Unclear: Unnamed Speaker (discussing self-represented standards) Information Only01:08:56.640 - 9:37:47 AM; Highlights that in New Hampshire, self-represented parties are held to the same standards as represented ones, citing the 2006 Supreme Court case In re Birmingham. Contrasts this with federal courts' more lenient approach. Emphasizes disadvantages faced by self-represented parties against attorneys and the importance of knowing the law and facts. Shares experiences from prior testimony about perceived unfairness due to judges' discretion and rules of evidence, advising against expecting all evidence to be accepted.
Unclear: Unnamed Speaker (continuing on evidence and appeals) Information Only01:10:02.640 - 9:38:53 AM; Continues discussion on judicial discretion, rules of evidence, and the need for an introductory document explaining these to self-represented parties. Notes that judges are not corrupt and shares that online searches yield many guides, but accessibility issues persist for those without computers or tech savvy. Advocates for a legislature-provided brochure or packet at filing to guide parties.
Unclear: Unnamed Speaker (on presumptions and research) Information Only01:12:33.199 - 9:41:24 AM; Stresses that parties are presumed to know the law, with rules posted online in plain English. Acknowledges challenges but encourages self-represented parties to research their cases. Shares anecdote about complexity in dedicated funds research, illustrating that legal matters can be deeper than they appear. Questions perceptions of unfairness regardless of case outcomes.
Unclear: Unnamed Representative (on appeals and complaints) Information Only01:15:40.080 - 9:44:31 AM; Suggests including appeal processes and complaint procedures in an introductory booklet, explaining grounds for appeals beyond just losing, and how to file complaints against judges for bias or errors. References special committee discussions on continuing education for judges and avoiding case redos through testimony.
Unclear: Representative Markell (on appeal process) Information Only01:18:02.560 - 9:46:53 AM; Details appeal options in family court: motion for reconsideration within 10 days of decision under Rule 135A, pointing out misapprehended facts or erroneous law applications. If denied, appeal to New Hampshire Supreme Court within 30 days, which may be mandatory or discretionary based on the case.
Unclear: Unnamed Representative (asking about appeals) Information Only01:18:59.600 - 9:47:50 AM; Inquires about the specific appeal process in family court cases.
Unclear: Representative Nelson Information Only01:21:21.600 - 9:50:12 AM; Raises the issue of consistent judge assignment to cases to maintain tone and credibility assessments, noting how judge changes can alter perceptions, especially with charming parties. References long-standing committee requests for 'one case, one judge' policy.
Unclear: Unnamed Speaker (responding on judge consistency) Information Only01:22:32.960 - 9:51:23 AM; Explains that new judges typically review files and notes but acknowledges rare instances where they do not. Discusses goals of litigants to prejudice judges and the need for judges to look beyond representations, citing relevant case law.
Unclear: Chairman (closing remarks) Information Only01:24:36.880 - 9:53:27 AM; Closes the meeting, notes acting as clerk, plans to email last three items to absent members (Representatives Rice, Greg, and Raymond), encourages ongoing review, and suggests resuming after January 1st.
Unclear: Unnamed Representative (response to closing) Information Only01:25:47.440 - 9:54:38 AM; Agrees to review upcoming legislation post-January 7th, starting with titles and LSRs from sponsors. Emphasizes reviewing for germane amendments to address pro se issues in family court, opposes non-germane amendments but sees opportunities in pipeline bills to add necessary verbiage.

DeSimone, Debra(Chairman)(R)[A-]2024	Nelson, Jodi(Clerk)(R)[B+]2024	Rice, Kimberly(V Chairman)(R)[B-]2022
McMahon, Charles(R)[A-]2024	Love, David(R)[A]2024	Pearson, Mark(R)[B-]2024
Korzen, Lori(R)	Georges, Mary(D)	Raymond, Heather(D)[CT]2024
Gregg, Alicia(D)[CT]2024	Petrigno, Peter(D)[CT]2024	Grossman, Gaby(D)[CT]2024
Levesque, Cassandra (D)[CT]2024	Malone, Amy(D)	Markell, Jay(R)