New Hampshire Emergency Custody Motion

Q: What is the New Hampshire name for an emergency custody order?

New Hampshire uses ex parte temporary orders under RSA 461-A:9. After a petition concerning a minor child is filed, the court may issue them, and they may include a temporary allocation of parental rights and responsibilities under RSA 461-A:6.

Q: What must I show a New Hampshire court for an ex parte custody order?

The court must find from specific facts shown by affidavit or by the verified petition that "immediate and irreparable injury or loss will result to the applicant or the child" before the other side can be heard. The court decides whether the facts meet that standard.

Q: Does New Hampshire require notice to the other parent before an ex parte order?

Yes, in a sense. No ex parte order is granted without an affidavit verifying the notice given or the attempt to notify the other parent, and a court finding that the notice or attempt was timely. An order may issue without written or oral notice only on the immediate and irreparable injury finding.

Q: How soon is the hearing after a New Hampshire ex parte order?

The parent against whom the order issued may file a written request with the clerk. The hearing must be held no later than 5 days after the clerk receives the request (RSA 461-A:9, III).

Q: How long does a New Hampshire ex parte custody order last?

RSA 461-A:9 does not state a duration for ex parte orders. The order is temporary, and the hearing the other parent may request is where it is reviewed. Read the order itself and ask the clerk.

Q: Are there official forms for an emergency custody motion in New Hampshire?

The New Hampshire courts publish forms and fees at courts.nh.gov/resources/forms-and-fees. Check there, or with the clerk, for any form the court requires before you file.

Q: When can a New Hampshire court act on a child who lives elsewhere?

Under RSA 458-A:15, a New Hampshire court has temporary emergency jurisdiction if the child is present in the state and has been abandoned, or emergency protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Can a New Hampshire protective order include temporary custody?

Yes. Under RSA 173-B:4, temporary relief may be granted with or without actual notice on a showing of an immediate and present danger of abuse, and it may award custody of minor children. RSA 173-B:5 covers relief after a hearing.

Ex parte orders need an affidavit; the other party may request a hearing within 5 days

Find out where you stand in New Hampshire

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Introduction

Under RSA 461-A:9, a New Hampshire court may issue ex parte temporary orders on specific facts, shown by affidavit or verified petition, of immediate and irreparable injury or loss. The other party may request a hearing, held within 5 days of the request.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
New Hampshire calls this an ex parte temporary order under RSA 461-A:9. It can issue only after a petition concerning a minor child has been filed, and it may include a temporary allocation of parental rights and responsibilities under RSA 461-A:6.
3
The court must find, from specific facts shown by affidavit or by the verified petition, that "immediate and irreparable injury or loss will result to the applicant or the child" before the other side can be heard. The court decides whether that showing is made.
4
No ex parte order is granted without an affidavit from the moving party verifying the notice given to the other parent or the attempt to notify them, and a court finding that the notice or attempt was timely. The statute sets no fixed hour or day count for notice.
5
An order may be granted without written or oral notice only if the court makes the immediate and irreparable injury finding. Do not skip notice on your own.
6
The parent against whom the order issues may file a written request with the clerk for a hearing, which must be held no later than 5 days after the clerk receives the request. RSA 461-A:9 does not state how long an ex parte order lasts.
7
RSA 458-A:15 gives a New Hampshire court temporary emergency jurisdiction if the child is present in New Hampshire and either has been abandoned or it is necessary in an emergency to protect the child because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. For abuse, a domestic violence protective order under RSA 173-B:4 is another route. Report abuse to DCYF.

Key decisions before you file

Before you file a Emergency Custody Motion in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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STATE OF NEW HAMPSHIRE [COURT NAME AND LOCATION]

IN THE MATTER OF: [PARENT NAME] and [OTHER PARENT NAME] DOCKET NO. [DOCKET NUMBER]

MOTION FOR EX PARTE TEMPORARY ORDERS UNDER RSA 461-A:9, WITH AFFIDAVIT

[PARENT NAME] moves for ex parte temporary orders concerning the minor child and states:

CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [TOWN], New Hampshire.
PETITION AND EXISTING ORDERS: A petition concerning the child is [PENDING, OR FILED WITH THIS MOTION] in this court. Other orders or cases (custody, protective order, child protection): [CASE NUMBER AND COURT OF EACH, OR NONE].
FACTS OF THE EMERGENCY: [WHAT HAPPENED OR IS THREATENED, DATES, PLACES, WHO WAS PRESENT].
IMMEDIATE AND IRREPARABLE INJURY OR LOSS: These facts show that immediate and irreparable injury or loss will result to the child or to me before the other parent or an attorney can be heard in opposition because [SPECIFIC FACTS].
TEMPORARY EMERGENCY JURISDICTION (RSA 458-A:15): [NOT CLAIMED, OR FACTS SHOWING THE CHILD IS PRESENT IN NEW HAMPSHIRE AND EITHER HAS BEEN ABANDONED OR IT IS NECESSARY IN AN EMERGENCY TO PROTECT THE CHILD BECAUSE THE CHILD, A SIBLING OR A PARENT IS SUBJECTED TO OR THREATENED WITH MISTREATMENT OR ABUSE].

TEMPORARY ORDERS REQUESTED (ALTERNATIVES): [ ] A. Temporary allocation of parental rights and responsibilities to me under RSA 461-A:6, as follows: [TERMS]. [ ] B. Contact for the other parent only as follows: [SUPERVISED, LIMITED TERMS, OR NONE UNTIL HEARING]. [ ] C. An order that the other parent not remove the child from [STATE OR AREA] or [OTHER CONDUCT]. [ ] D. Other: [REQUEST].

NOTICE (ALTERNATIVES): [ ] A. I gave notice of this motion to the other parent on [DATE] at [TIME] by [METHOD]. [ ] B. I tried to notify the other parent on [DATE] at [TIME] by [METHOD], with this result: [RESULT]. [ ] C. I gave no notice and ask the court to grant this motion without written or oral notice only if it finds, from the facts in paragraph 4, that immediate and irreparable injury or loss will result.

AFFIDAVIT I, [PARENT NAME], being duly sworn, state that I have read this motion, that the facts in it are true to the best of my knowledge and belief, and that the notice section above is true.

______________________ DATE: [DATE] [PARENT NAME], [ADDRESS, PHONE, EMAIL]

STATE OF NEW HAMPSHIRE, COUNTY OF [COUNTY] Sworn to and subscribed before me on [DATE]. ______________________ [NAME AND TITLE OF OFFICIAL ADMINISTERING THE OATH]

CERTIFICATE OF SERVICE I certify that on [DATE] a copy of this motion and affidavit was given to [OTHER PARENT NAME OR ATTORNEY] by [METHOD]. ______________________ [PARENT NAME]

New Hampshire Requirements for Emergency Custody Motion

Petition concerning the child
RSA 461-A:9 lets the court issue ex parte temporary orders after the filing of a petition concerning a minor child.
Immediate and irreparable injury
The court must find that immediate and irreparable injury or loss will result to the applicant or the child before the adverse party or attorney can be heard in opposition.
Affidavit or verified petition
The specific facts must be shown by affidavit or by the verified petition (RSA 461-A:9).
Affidavit on notice given or attempted
No ex parte order is granted without an affidavit from the moving party verifying the notice given or the attempt to notify the other party, and a court finding it was timely.
Hearing within 5 days of request
The party against whom the order issued may file a written request with the clerk; the hearing is held no later than 5 days after the clerk receives it (RSA 461-A:9, III).
Temporary emergency jurisdiction
RSA 458-A:15 applies when the child is present in New Hampshire and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Facts of the emergency
State dates, places, people present and the specific harm threatened, in the affidavit.
Specific temporary orders requested
List each order sought, such as temporary parental rights and responsibilities or limits on contact, as alternatives.

Frequently Asked Questions

What is the New Hampshire name for an emergency custody order?

What must I show a New Hampshire court for an ex parte custody order?

Does New Hampshire require notice to the other parent before an ex parte order?

How soon is the hearing after a New Hampshire ex parte order?

How long does a New Hampshire ex parte custody order last?

Are there official forms for an emergency custody motion in New Hampshire?

When can a New Hampshire court act on a child who lives elsewhere?

Can a New Hampshire protective order include temporary custody?

Find out where you stand in New Hampshire

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

New Hampshire Requirements for Emergency Custody Motion

Petition concerning the child

Immediate and irreparable injury

Affidavit or verified petition

Affidavit on notice given or attempted

Hearing within 5 days of request

Temporary emergency jurisdiction

Facts of the emergency

Specific temporary orders requested

Frequently Asked Questions