People often don’t realize that the rules that govern their divorce and how they co-parent after divorce are actually laws passed by state legislators and signed by the governor. Those laws can determine, for example, what penalties a parent can face if they don’t abide by the court orders handed down in their divorce.
Currently, New Hampshire state lawmakers are considering a bill that would make some serious custody (parenting time) violations a crime. The bill, which has already passed in the House, is now under consideration in the Senate.
When can a parent face a felony charge?
Under the current version of the bill, a parent can potentially be charged with a Class B felony if that parent “knowingly entices or persuades the child to leave the custody” of their other parent or legal guardian or someone “lawfully acting” in that capacity.
To face a felony charge, the parent must knowingly be doing this without the necessary consent or in violation of a court order. They must also take the child out of the state.
Currently, the proposed law states that for the first two instances of such a violation, a person can be fined $500 for each time. The third time they do it, they could face a Class B felony charge. That can carry a $4,000 fine and up to seven years in prison.
Those who support the law hope that it will discourage parents from removing their child from the state when they don’t have the right to do so. Those who are against it object to moving these matters to criminal court. As one lawmaker stated, “I just don’t think it’s a positive thing to start to criminalize some of this behavior.” The proposed law has been watered down somewhat since its initial proposal – for example, to give a parent “three strikes” before they face a felony charge.
If the bill becomes law, it likely wouldn’t take effect until next year. However, it’s never wise to take a child any distance without notifying their other parent if it’s required under the terms of the parenting agreement and certainly not if it violates a court order unless the child is in imminent danger. Parents who believe that the terms of their parenting agreement or any court orders warrant change for their child’s best interests should get legal guidance to determine the best way to proceed.
