By PAULA TRACY, InDepthNH.org

CONCORD –  A bill that would hold that parents have equal rights with equal time was heard by the House Children and Family Law Committee Tuesday along with another bill that would prohibit criminal matters from being adjudicated in family court.

Many who spoke in favor of both bills were parents who said they were involved in either court cases involving their children or are being investigated for their parenting by the state while those who work to protect children spoke against the bills.

PARENTAL 50/50 RIGHTS

House Bill 1770-FN would hold that parents have equal parenting time and should be considered in divorce matters involving children.

Some said the bill references the constitution and should be a constitutional amendment concurrent resolution which requires a higher threshold for passage.

The bill’s sponsor, Rep. Matt Sabourin dit Choinière, R-Seabrook, said he disagreed and said the bill establishes a presumption of equal parenting time.

The bill would replace the discretionary best-interest standard, he said, and noted that nothing in it supersedes domestic violence or abuse law.

Court watchdog Dana Albrecht said the bill is about hurt, “the hurt caused to children in a contentious divorce.”

He said maybe the state should focus on the pain and the solutions and he argued that in the Constitution there is a presumption of equal parenting.

The bill says parents are presumed fit unless proven unfit by clear and convincing evidence of harm and that the “court shall not require a parent to prove fitness.”

Lauren Warner, deputy general counsel for the judicial branch, took no position on the bill. But she said as drafted it would change statutory preference into a constitutional right, noting a CACR is different from a House Bill.

Mary Krueger, of New Hampshire legal assistance, who directs the domestic violence advocacy aspects of the organization, spoke in opposition.

She said this would make 50/50 mandatory unless there are efforts to eliminate parental rights. She said it would not include whether there has been child abuse and domestic violence.

Krueger argued that some may be in fear, but in more fear that if they leave the home that the children would be exposed to violence.

Abuse victims will stay in these situations because they will feel they have no choice in protecting the children over themselves, she said. She noted that as written, the bill would allow retroactive solutions for people to go back to courts for better remedies.

Gayle Drobat of Amherst said she supported the bill, which she said would modernize the law with constitutional principles. She said it protects the children and safeguards parents from intrusion and does not take away the rights of the courts if abuse has been found.

Emily Lawrence, advocacy director with Waypoint, opposed the bill.

She said she wanted to focus on the best interest of the child in her testimony, limited to three minutes, and said the bill would weaken the law and would favor the parent.

Equal time is also not always in the best interest of the child, she said, and this would remove flexibilities the judges now have.

REMOVING POWER FROM FAMILY COURTS

House Bill 1687-FN was also heard by the same committee. A bill sponsored by state Rep. David Love, R-Derry, would restrict the jurisdiction of courts within the judicial branch family division to not be able to issue any criminal determinations, judgments, or penalties relative to matters over which they may preside.

“I see it as a long-time problem in the courts,” Love said. He said if a husband and wife come into the court and one said there has been an assault “it kind of gets buried in family court. I am sorry, assault is a crime,” and should be handled in a criminal court.

Rep. Albert “Buzz” Scherr, D-Portsmouth, asked if it was his contention that judges should be making arrests.

“No,” Love said, but they should refer it out.

Love said if you are going to bring criminal charges you should be able to go to criminal court. Scherr said every judge who sits in family court is a circuit court judge.

Scherr said the only people who can bring criminal charges are prosecutors. A judge can send a note or message to the relevant prosecutor, he said.

Love said, “If we are going to stop domestic violence we can’t be pussyfooting about it.”