RSA 461-A:4-a: The Family Access Motion
Sep 25, 2025A New Tool for the Enforcement of Parenting Plans in New Hampshire
Beginning January 1,2025, several legislative changes to RSA 461-A, governing parental rights and responsibilities, took effect. Among these changes includes the creation of the Family Access motion, a tool that parents may use in certain circumstances to enforce a court-approved parenting plan on an expedited basis.
What is a Parenting Plan?
A parenting plan is a legal document that establishes the parenting rights, responsibilities, and parenting schedule of the parties. In cases where the parties have successfully negotiated an agreement, a parenting plan is drafted and signed together, then submitted to the court for approval. In instances where parties are unable to reach agreement, the court will develop and issue a parenting plan.
Parenting plans typically include provisions regarding decision-making, residential responsibility, information sharing and access, routine parenting schedule, holiday parenting schedule, transportation, school attendance, parent-child communications, dispute resolution methods, and more. NH RSA 461-A:4.
Faster Routes to Resolution
Denial of or interference with parenting time — in violation of a court-approved parenting plan — occurs more often than one might think. Sometimes the denial or interference is innocuous, such as scheduling a doctor’s appointment during the other parent’s time or conflicts with extra-curricular activities. Other times, it may be intentional and malicious, such as withholding the children during the other parent’s parenting time. When one parent is substantially and materially interfering with the other parent’s parenting time, there are various options to enforce the parties’ parenting plan.
The injured parent may seek relief from the court by filing a motion for contempt and to enforce, outlining the violations of the court-approved parenting plan by the offending parent. Motions for contempt will be filed and addressed by the court in the normal course, meaning the motion will be held for 10 days to allow for the other party to respond. From there, the court may issue a ruling based on the pleadings filed by the parties, or the court may schedule the matter for hearing. How quickly the motion is addressed will greatly depend on the court’s docket and availability. Fam. Div. Rule 1.26.
For more emergent situations, parents would file an ex parte motion. Ex parte motions may be filed when immediate or irreparable injury or loss will occur to the parent or child if immediate orders are not issued, even before the other parent has the opportunity to be heard. These motions are filed with a verified accounting of the facts and an affidavit that notice, or attempts to notice, the other parent occurred. Typically, courts will issue temporary ex parte orders the same day the ex parte motion is filed, and then schedule the matter for a hearing. The opposing party may expedite the hearing and be heard within 5 days. Following the hearing, the court will issue final orders on the motion. NH RSA 461-A:9.
While the ex parte process can result in immediate court intervention to address emergency situations, the burden of demonstrating immediate or irreparable injury or loss is substantial. For parenting plan violations that need to be addressed expeditiously, but do not meet the stringent ex parte requirements, the Family Access motion established in RSA 461-A:4-a serves as an important alternative. The Family Access Motion creates a pathway for parents aggrieved by the “substantial and material noncompliance with a court approved parenting plan” by the other parent to seek intervention and relief from the court on an expedited basis.
The Family Access Motion
If your co-parent is substantially and materially noncompliant with your court approved parenting plan, either by denying or interfering with your parenting time without good cause, you may consider filing a Family Access motion pursuant to RSA 461-A:4-a. The court has developed a form, accessible online and at the courthouse, where parties can set out specific facts demonstrating the violation of the parenting plan. At the time you file your motion, you will be assessed a $225 filing fee.
Within 10 business days, the court clerk will issue a summons to be served upon the violating parent by in-hand service or by sheriff. Unless waived by the parties or in the best interest of the children, final adjudication of the motion shall occur not more than 60 days after the date service was made on the other party.
If the court finds that a substantial and material violation of parenting time has occurred without good cause, the court must order a remedy. This may include, but is not limited to:
- Compensatory parenting time for the aggrieved parent;
- Counseling for the violating parent regarding the importance of providing children “with a continuing and meaningful relationship with both parents;”
- Fine of up to $500 payable to the aggrieved parent;
- Posting bond or security to ensure future compliance with court orders;
- Requiring the violating parent to be responsible for the cost of counseling to re-establish the relationship between the children and the aggrieved parent.
If requested, and for good cause, the court may also order that the violating parent pay the aggrieved parent’s reasonable expenses incurred as a result of the denial or interference with parenting time. This includes attorney’s fees as well as the costs of a hearing to enforce the parenting plan. NH RSA 461-A:4-a, I-VI.
Need Guidance?
If you are a parent navigating parenting plan noncompliance, this legislation provides a new enforcement pathway that may help address your problem. If you have any questions or concerns, consider contacting Orr & Reno for assistance. We can help you understand your legal situation and the risks and opportunities this new legislation presents.
You can also reference prior blogs written by our family law group regarding child support and parenting plans.
