Committee Summary for Senate Children and Family Law (03/19/2026)

Bill/Time	Type	Title	Sponsor
HB194 00:04:06.557 - 8:32:52 AM	Public Hearing	relative to the crime of interference with custody.	Post, Lisa(R)[A]2025
HB257 00:19:06.557 - 8:47:52 AM	Public Hearing	(New Title) relative to the crime of endangering the welfare of a child or incompetent.	Rollins, Skip(R)[A-]2025
HB1323 00:40:00.000 - 9:08:46 AM	Public Hearing	relative to parental alienation.	Rice, Kimberly(R)[B-]2025
HB1460 01:55:00.000 - 10:23:46 AM	Public Hearing	prohibiting the sale of location and other sensitive data regarding children.	Litchfield, Melissa(R)[B+]2025
HB1225 02:10:00.000 - 10:38:46 AM	Public Hearing	relative to the definition of adjusted gross income with respect to child support guidelines.	Markell, Jay(R)[B]2025
HB1228 02:34:06.557 - 11:02:52 AM	Public Hearing	relative to the enforcement of alimony orders.	Markell, Jay(R)[B]2025
HB1229 02:40:00.000 - 11:08:46 AM	Public Hearing	relative to waivers of alimony.	Markell, Jay(R)[B]2025
HB1225 02:46:00.000 - 11:14:46 AM	Executive Session	relative to the definition of adjusted gross income with respect to child support guidelines.	Markell, Jay(R)[B]2025
Unclear 02:49:06.557 - 11:17:52 AM	Executive Session	Unclear

HB194: Representative J.D. Bernardi (for Representative Lisa Post, Plaistow, Rockingham 36, Hampton Falls, Kensington, South Hampton, Newton, and Plaistow) Support00:04:06.557 - 8:32:52 AM; Representative Bernardi presented HB194, which amends RSA 633:4 to create a three-strikes law for custodial interference. The bill imposes civil penalties for the first and second offenses and makes the third a class B felony if within the state, or the first a class B felony if the child is taken out of state. It emphasizes that intent is required, so accidental crossings are not penalized. The goal is deterrence and protection of family bonds without changing the intent requirement.
HB194: Donald Gilbert Support00:10:00.000 - 8:38:46 AM; Donald Gilbert supports the bill, noting it addresses ongoing issues of custody interference in New Hampshire. He mentions it has been raised in various forms over years and is strongly written to prohibit such interference. He also notes that lobbyists paid by public funds are barred from supporting or opposing bills under RSA 155.
HB194: Matthew Blair Support00:12:00.000 - 8:40:46 AM; Matthew Blair shares his personal experience of divorce and custody battles since 2019, involving numerous hearings and contempt filings. He has limited access to his daughter despite recommendations. He supports the bill as a deterrent to enforce parenting plans and protect children.
HB257: Alexander Marvin (Detective Sergeant, Newport Police Department) Support00:19:06.557 - 8:47:52 AM; Detective Marvin, who handles child abuse investigations and works with the NH Internet Crimes Against Children Task Force, supports changing the mental state from 'purposeful' to 'reckless' in the endangering welfare statute. The current purposeful standard is too high a burden, leaving cases in limbo. Reckless allows intervention in gross deviations from law-abiding conduct while protecting children through criminal penalties when appropriate. He provides the statutory definition of reckless from RSA 626:2.
HB257: Nick Georgias (Lieutenant, Manchester Police Department) Support00:22:00.000 - 8:50:46 AM; Lieutenant Georgias, from the juvenile unit, echoes the need to change from 'knowingly and purposely' to 'recklessly.' The dual mental states are rare and hard to prove, causing prosecutorial issues. Reckless fits endangerment cases better, providing law enforcement tools to charge appropriately without overreach.
HB257: Donald Gilbert (Executive Director, New Hampshire Family Justice) Oppose00:25:00.000 - 8:53:46 AM; Gilbert opposes changing to 'recklessly,' citing botched investigations in Manchester cases reviewed over five years. He references a high-profile case where a mother was charged but the case dropped, yet DCYF removed the child permanently. Changing to reckless could lead to incarceration in such cases, harming families. He suggests 'knowingly' as a better alternative to purposeful.
HB257: Victor Orlando Information Only00:28:00.000 - 8:56:46 AM; Orlando neither supports nor opposes but likes the bill's spirit to address police concerns. He worries that 'reckless' gives too much authority to police and executive branch, relying on their judgment. He agrees with changing to 'knowingly' and emphasizes need for careful laws assuming not all officials are perfect.
HB257: Daniel Itza (Manchester, NH Firearms Coalition, Rebuild New Hampshire) Oppose00:34:06.557 - 9:02:52 AM; Itza opposes the change to 'recklessly' as it leaves the term undefined, potentially criminalizing legitimate parental activities like sports or firearms training. Current law requires knowing endangerment. He urges guidance on non-reckless behaviors, citing examples like hunting, driving, or skiing waivers. For firearms, he notes teaching safety reduces risk, comparing to allowing teens to drive.
HB257: Unnamed Senator Information Only00:37:00.000 - 9:05:46 AM; The senator clarifies the bill targets bad actors putting children in imminent danger, like leaving a child in a car outside a bar, not normal activities like sports or playing outside. Common sense distinguishes extracurriculars from true endangerment.
HB257: Chief David Sutcliffe (Alexandria Police Department, NH Chiefs of Police Association) Support00:40:00.000 - 9:08:46 AM; Chief Sutcliffe supports the bill, noting reckless is a gross deviation from law-abiding conduct, not covering normal activities like skiing (low injury rate). It provides common-sense tools for law enforcement to address past unprosecutable issues.
HB257: Jim Cofield (State Representative, Hillsborough District 32, Wilton, Temple, New Ipswich) Support00:00:00.000 - 8:28:46 AM; Cofield supports HB1323 on parental alienation, but this testimony seems misplaced in context; wait, this is for HB257? No, transcript shifts. Actually, this testimony is for HB1323, but placed here erroneously in sequence. Adjusting: This is the start of HB1323 testimony.
HB1323: Jim Cofield (State Representative, Hillsborough District 32, Wilton, Temple, New Ipswich) Support00:40:00.000 - 9:08:46 AM; Representative Cofield explains parental alienation as a pattern of behavior damaging a child's relationship with a parent, causing emotional harm like anxiety and depression. The bill defines it in statute, directs courts to consider it in custody decisions, expands family access motions to 60 days, and allows remedies like custody changes. It excludes good faith protective actions and supports an amendment for housekeeping changes. Protects children in high-conflict cases while preserving best interest standard.
HB1323: Cody Belanger (Former Representative, Epping) Support00:49:06.557 - 9:17:52 AM; Belanger clarifies parental alienation as patterns of conduct like interfering with parenting time or negative statements, not the disputed syndrome. Courts already evaluate under best interest, considering support for the other parent's relationship. Research shows disruptions harm children unless safety issues exist. The bill provides clarity without requiring diagnosis, allowing consideration of harmful behaviors.
HB1323: Mary Krueger (Attorney, New Hampshire Legal Assistance) Oppose00:52:00.000 - 9:20:46 AM; Krueger opposes HB1323, arguing it harms domestic violence survivors and increases litigation. Parental alienation laws are controversial, often used as defenses to abuse allegations, with studies showing victims lose custody 43% of time. Current best interest factors already cover harmful behaviors without elevating alienation to equal domestic violence. It could weaponize claims, ignoring reasons like actual abuse, leading to more court battles in high-lethality cases.
HB1323: Mary Krueger (Attorney, New Hampshire Legal Assistance) Oppose01:04:06.557 - 9:32:52 AM; Mary Krueger continues her testimony opposing HB1323, emphasizing how the inclusion of parental alienation in statutes could be weaponized by abusers in domestic violence cases to gain sole decision-making or custody. She explains that abusers often allege parental alienation to counter domestic violence claims, leading to victims losing custody despite findings of abuse. Krueger argues that codifying parental alienation elevates it as a factor in best interest standards and joint decision-making presumptions, potentially minimizing domestic violence. She responds to questions by noting that while courts should consider domestic violence history, the new definition could still allow minimization. Krueger cites research showing abusers succeeding in custody battles via alienation claims and stresses the need to avoid giving credibility to this concept without proper safeguards.
HB1323: Donna Susi (New Hampshire Association for Justice) Oppose01:19:06.557 - 9:47:52 AM; Donna Susi testifies on behalf of the New Hampshire Association for Justice, opposing HB1323 due to the complexity of parental alienation and its unsuitability for quick resolution under the family access motion in RSA 461-A:4-a. She references the 2024 passage of House Bill 1006, which created a speedy process for family access, arguing that adding parental alienation would complicate this without sufficient experience. Susi agrees that issues in contested custody arise regardless but defers detailed opinions on domestic violence carve-outs to family law practitioners, offering to follow up.
HB1323: Deborah Childs (Executive Director, Time to Put Kids First, Dover, NH) Support01:25:00.000 - 9:53:46 AM; Deborah Childs strongly supports HB1323, drawing from personal experience as a child, grandmother, and advocate. She defines parental alienation as a harmful pattern damaging child-parent relationships and argues the bill provides courts with tools for consistent intervention. Childs addresses misuse concerns by comparing it to definitions of domestic violence and child abuse, noting judges already use the term without statutory guidance, leading to inconsistency. She refutes junk science claims, clarifying it's about observable behaviors, not a DSM diagnosis, and cites studies and New Hampshire cases like Albrecht (2023). Childs highlights benefits like reduced conflict and preserved relationships, promising to send supporting research including a 2019 Dartmouth study.
HB1323: Representative DeSimone Support01:34:06.557 - 10:02:52 AM; Representative DeSimone shares a personal family story of parental alienation starting years before divorce, describing how a father badmouthed the mother to their child, causing lasting damage. She emphasizes alienation as abusive, affecting children's trust and relationships lifelong, and urges passage of HB1323 to stop this 'tentacle of abuse.' DeSimone notes guardians ad litem (GALs) help children express feelings safely.
HB1323: Matthew Blair Support01:37:00.000 - 10:05:46 AM; Matthew Blair, a domestic abuse survivor, supports HB1323 based on his six-year custody battle where his ex alienated his daughter despite their close bond. He describes false allegations, missed school days under DCYF investigation, and GAL recommendations for custody to him that were ignored. Blair argues the bill helps victims and children, refuting opposition by noting DSM codes for related issues like parent-child relational problems and psychological abuse.
HB1323: Stephen Blair (Londonderry, NH) Support01:42:00.000 - 10:10:46 AM; Stephen Blair supports HB1323, viewing parental alienation as a crime akin to kidnapping. He recounts witnessing his son and granddaughter's loving relationship deteriorate over 7.5 years due to the mother's alienation tactics, including homeschooling against court orders and brainwashing. Blair describes the child's transformation into non-communicative behavior, unopened gifts, and calling her mother's fiancé 'dad,' pleading for the bill to protect father-child bonds.
HB1323: New Hampshire Family Justice Representative (Volunteer Executive Director) Support01:49:06.557 - 10:17:52 AM; The representative from New Hampshire Family Justice supports HB1323 but suggests an amendment to exclude DCYF from using the parental alienation definition under RSA 169-C for abuse and neglect, citing risks of misuse in volatile cases. They note reviewing over 150 DCYF cases showing alienating behaviors often by abusers against victims, arguing the definition protects victims and counters opposition claims.
HB1460: Representative Melissa Litchfield (Brentwood, Danville, Fremont) Information Only01:55:00.000 - 10:23:46 AM; Representative Litchfield introduces HB1460, emphasizing that children's location data should not be sold in the digital marketplace. The bill prohibits selling sensitive data like location patterns while allowing use for services like parental tracking. She notes consistency with other states' protections and minimal fiscal impact within existing frameworks, focusing on protecting families without banning technology.
HB1460: Representative DeSimone Support01:58:00.000 - 10:26:46 AM; Representative DeSimone supports HB1460 by linking it to child trafficking risks, noting how sold data aids predators tracking children via apps and games where kids mistakenly trust online peers as children.
HB1460: Warren Cormack (Assistant Attorney General, NH DOJ) Support02:00:00.000 - 10:28:46 AM; Warren Cormack testifies for the NH DOJ in favor of HB1460, explaining it prevents selling children's sensitive data under 13, even with COPPA consent, to avoid profiling and predator risks. He aligns it with RSA 507-H, notes peer states' stricter laws (e.g., Connecticut, Maryland banning sales to under-18s), and confirms definitions like 'child' and 'sensitive data' are in existing law.
HB1225: Representative Shane Markell (Rockingham County District 18) Information Only02:10:00.000 - 10:38:46 AM; Representative Markell introduces HB1225 to enhance fairness in child support calculations by increasing FICA and Medicare deductions for obligors, accounting for the non-taxable nature of support payments. He explains the income shares method, statutory deductions, and how current guidelines disadvantage obligors due to federal tax rules. Markell provides exhibits on tax rates and argues a modest 3.8-4% extra deduction offsets the tax disparity without reducing support, recognizing child support as non-deductible federally but considering it income for alimony calculations.
HB1225: Representative DeSimone (Rockingham 18, Atkinson) Support02:19:06.557 - 10:47:52 AM; Representative DeSimone supports the bill, noting that Representative Markell eloquently covered most points. She emphasizes the ever-changing IRS laws and regulations, stating that removing FICA and Medicare deductions does not create a double dip but provides a fairer deduction for the child support payer. She mentions awareness of a proposed amendment to be discussed with the sponsor.
HB1225: Attorney Matthew Hayes and Lisa Deckatowski (Bureau of Child Support Services, DHHS) Information Only02:25:00.000 - 10:53:46 AM; The speakers from DHHS recognize the sponsor's good intentions to even the playing field but express concerns about unintended consequences. They highlight that under the bill, the deduction for 50% of self-employed taxes would only apply to the obligor, disadvantaging self-employed obligees. They note that FICA taxes are already accounted for in the net income definition and calculator. There is a fiscal impact of about $300,000 for updates to guidelines, software, and calculator. They suggest considering a fiscal analysis and note an ongoing child support guidelines review due by December 31, with recommendations for future legislation. They recommend a holistic review rather than isolated changes.
HB1225: John Williams (Legislative Director, Health and Human Services) and Representative DeSimone (Rockingham 18, Atkinson) Support02:30:00.000 - 10:58:46 AM; They request the committee consider interim study for HB1225 to allow for amendments and further work to make it fairer. They discuss the timing of the guidelines report and mechanisms for introducing legislation post-deadline via late rules or commissions. They note the bill's $300,000 cost without appropriation and credit the sponsor for not identifying it earlier.
HB1228: Unnamed Speaker (Attorney, likely continuation) Support02:34:06.557 - 11:02:52 AM; The speaker discusses issues with court enforcement of orders, noting no requirement in court rules to enforce orders, leading to instances where courts decline enforcement. They clarify this bill addresses enforcement of past due alimony per terms unless modified by agreement or RSA 458:19-AA, curbing court discretion without detriment to parties. It plugs a hole in the law ensuring recipients get needed support.
HB1228: Representative DeSimone (Rockingham 18, Atkinson) Support02:38:00.000 - 11:06:46 AM; Representative DeSimone states that while child support enforcement has been diligent, alimony enforcement has not. Alimony may be a small amount crucial to low-income recipients. Without law, courts lack jurisdiction to rule on past due alimony, so this bill provides the necessary legal basis.
HB1229: Representative Shane Markell (Rockingham 18, Atkinson) Support02:40:00.000 - 11:08:46 AM; Representative Markell, a practicing attorney, explains the bill brings New Hampshire into the 21st century for alimony views and agreements. Citing the Norberg case, he notes current law retains court jurisdiction over alimony, undermining settlements where parties waive alimony. The bill allows enforceable waivers in prenups or divorce agreements unless invalid due to coercion, fraud, etc., or unconscionable due to changed circumstances. This fosters settlements, predictability, and reliability, similar to other states like Massachusetts. It is not anti-alimony but recognizes modern realities.
HB1229: Representative DeSimone (Rockingham 18, Atkinson) Support02:45:00.000 - 11:13:46 AM; Representative DeSimone supports updating statutes for a litigious society where not all are savvy to the law. The bill gives courts clear guidance on waiving alimony, factors to consider, and decision-making.
HB1225: Committee Members (Chairman Abbas, Senator Long, etc.) Vote02:46:00.000 - 11:14:46 AM; The committee moves and seconds interim study for HB1225, with consensus from the prime sponsor and House chair. Discussion notes the need for further work due to fiscal impacts and ongoing guidelines review.
Unclear: Committee Members Information Only02:49:06.557 - 11:17:52 AM; Discussion on other bills including parental alienation (awarding attorney fees for contempt, undecided on inclusion), referencing DCYF abuse inquiries and restraining orders as not alienation. Concerns about domestic violence history being dismissed, suggesting explicit RSA references. Debate on 'whataboutisms' vs. real cases, noting abusers may alienate. No action today. Suggestions for amendments on abuse coverage. Further discussion on mental states in another bill (knowingly vs. recklessly vs. purposely per RSA 626:2), preferring consistency like 'knowingly'. Officers prefer 'recklessly' but support underlying bill. No action on fiscal notes for House bills like HB1460, which had DOJ support; aim to executive with amendments if needed.