New Hampshire HB 1710: relative to procedures relating to child abduction.

Bill Text

HB 1710-FN - AS INTRODUCED

2026 SESSION

 26-2694

 09/06

HOUSE BILL 1710-FN

AN ACT relative to procedures relating to child abduction.

SPONSORS: Rep. Markell, Rock. 18; Rep. DeSimone, Rock. 18; Rep. Litchfield, Rock. 32; Rep. Lynn, Rock. 17; Rep. Nelson, Rock. 13; Rep. M. Pearson, Rock. 34

COMMITTEE: Children and Family Law

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ANALYSIS

 This bill adopts the Uniform Child Abduction Prevention Act to govern actions seeking abduction prevention measures.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2694

 09/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to procedures relating to child abduction.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 New Chapter; Uniform Child Abduction Prevention Act. Amend RSA by inserting after chapter 458-E the following new chapter: 

CHAPTER 458-F

UNIFORM CHILD ABDUCTION PREVENTION ACT

 458-F:1 Short Title. This chapter may be cited as the "Uniform Child Abduction Prevention Act." 

 458-F:2 Definitions. In this chapter: 

 I. “Abduction” means the wrongful removal or wrongful retention of a child. 

 II. “Child” means an unemancipated individual who is less than 18 years of age. 

 III. “Child-custody determination” means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. 

 IV. “Child-custody proceeding” means a proceeding in which legal custody, physical custody, or visitation with respect to a child is at issue. The term includes a proceeding for divorce, dissolution of marriage, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, or protection from domestic violence.

 V. “Court” means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.

 VI. “Petition” includes a motion or its equivalent.

 VII. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

 VIII. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes a federally recognized Indian tribe or nation. 

 IX. “Travel document” means records relating to a travel itinerary, including travel tickets, passes, reservations for transportation, or accommodations. The term does not include a passport or visa.

 X. “Wrongful removal” means the taking of a child that breaches rights of custody or visitation given or recognized under the law of this state.

 XI. “Wrongful retention” means the keeping or concealing of a child that breaches rights of custody or visitation given or recognized under the law of this state.

 458-F:3 Cooperation and Communication Among Courts. RSA 458-A:9, 458-A:10, and 458-A-11 shall apply to cooperation and communications among courts in proceedings under this chapter. 

 458-F:4 Actions for Abduction Prevention Measures.

 I. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child.

 II. A party to a child-custody determination or another individual or entity having a right under the law of this state or any other state to seek a child-custody determination for the child may file a petition seeking abduction prevention measures to protect the child under this chapter.

 III. A prosecutor or public authority designated under RSA 458-A:36 may seek a warrant to take physical custody of a child under RSA 458-F:9 or other appropriate prevention measures. 

 458-F:5 Jurisdiction. 

 I. A petition under this chapter may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue under RSA 458-A.

 II. A court of this state has temporary emergency jurisdiction under RSA 458-A:15 if the court finds a credible risk of abduction.

 458-F:6 Contents of Petition.

 I. A petition under this chapter shall be verified and include a copy of any existing child-custody determination, if available.

 II. The petition shall specify the risk factors for abduction, including the rel