New Hampshire is on track to become the first state to formally define "parental alienation" in its custody statutes. HB1323 passed the House 197-157 on February 12, 2026, reached Engrossed status on March 12, and had its Senate hearing on March 19. The bill would amend RSA 461-A to require family courts to treat alienating behavior as harmful to children and act on allegations within 60 days, a timeline that no other state currently mandates.
Key Facts
| Detail | Summary |
|---|---|
| What happened | HB1323 passed the NH House and is now before the Senate after a March 19 hearing |
| House vote | 197 YES / 157 NO / 40 OTHER (February 12, 2026) |
| Committee vote | 9-6 Ought to Pass (House Children and Family Law Committee) |
| Statutes amended | RSA 461-A:1, RSA 461-A:4-a, RSA 461-A:5, RSA 461-A:6 |
| Court action deadline | 60 days from filing a family access motion alleging alienation |
| Effective date | 30 days after passage |
| Estimated fiscal impact | $100,000-$200,000 annually in judicial implementation costs |
What HB1323 Actually Does
HB1323 creates the first statutory definition of parental alienation in American family law. Under the proposed RSA 461-A:1, IV-a, parental alienation means "a pattern of behavior, conduct, or speech which would damage the relationship of the child and a parent, resulting in the child's fear, negative perception, rejection, or hostility toward their other parent." The definition specifically includes communicating disparaging remarks about the other parent to a child, using tactics to manipulate or coerce a child, and unjustified interference with parenting time.
The bill includes a critical carve-out: protective actions taken in good faith based on a reasonable belief of abuse or neglect under RSA 169-C do not constitute parental alienation. That exception will be the most litigated provision if this bill becomes law.
Beyond the definition, HB1323 adds teeth to enforcement. Courts finding parental alienation must treat it as harmful to children when determining whether joint decision-making is appropriate under RSA 461-A:5, III. New factors (j) through (m) under RSA 461-A:6, I require courts to weigh evidence of alienation and its impact on the child. Courts may also award attorney fees to the prevailing party in contempt or enforcement cases, creating a financial deterrent against alienating behavior.
Why the 60-Day Timeline Changes Everything
The 60-day deadline for court action on family access motions alleging parental alienation is the most consequential provision in this bill. New Hampshire family courts currently have no statutory timeline for addressing alienation claims, and motions can languish for months while a child's relationship with a parent deteriorates. Under HB1323, an aggrieved parent filing under RSA 461-A:4-a would receive guaranteed court attention within two months.
This timeline provision also applies to grandparent visitation cases, extending protections beyond the parent-child relationship. For context, standard family court motions in New Hampshire can take 90 to 180 days to reach a hearing, making the 60-day mandate a significant acceleration of the judicial process.
The Domestic Violence Concern
Opposition to HB1323 centers on a well-documented pattern in family courts nationwide. Mary Krueger, an attorney with the New Hampshire Legal Assistance Domestic Violence Advocacy Project, testified that research shows 28% of mothers alleging a father is abusive lose custody to that father. That number doubles to roughly 50% when the allegedly abusive father counter-alleges parental alienation. Formalizing alienation in statute could amplify that disparity.
Rep. Albert "Buzz" Scherr, a UNH School of Law professor, raised a constitutional concern during testimony: penalizing truthful parent-child conversations could violate First Amendment free speech protections. Rep. Alicia Gregg questioned whether truthful statements like "your dad didn't pay child support this month so we can't afford lessons" could be mischaracterized as alienation under the bill's broad definition.
The bill's sponsors, led by Rep. Kimberly Rice (R-Hudson) and 11 Republican cosponsors, argue the good-faith abuse exception in the bill adequately addresses these concerns. Whether courts will apply that exception broadly or narrowly remains an open question.
How New Hampshire Law Currently Handles Alienation
New Hampshire courts already have tools to address alienating behavior, even without HB1323. Under RSA 461-A:6, judges consider multiple factors when determining parental rights and responsibilities, including the relationship of the child with each parent and each parent's willingness to support the child's relationship with the other parent. A Dartmouth Rockefeller Center policy report found that New Hampshire already has several pre-existing pathways: a mandatory child impact seminar for all divorce cases involving minor children, broad judicial discretion under existing RSA 461-A guidelines, and modification opportunities under RSA 461-A:11.
What HB1323 adds is mandatory consideration. Currently, judges may consider alienation evidence. Under the new law, they must.
Practical Takeaways for New Hampshire Parents
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Document everything now. If HB1323 becomes law, courts will need concrete evidence of alienating behavior. Save text messages, emails, and records of denied parenting time with dates and specifics. Courts weighing alienation claims under the new RSA 461-A:6, I factors will rely on documented patterns, not isolated incidents.
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Understand the good-faith exception. Parents who genuinely believe their child is being abused or neglected retain the right to take protective action under RSA 169-C. Report concerns to DCYF and document your basis for concern. Good-faith protective actions are explicitly excluded from the alienation definition.
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Use the 60-day timeline strategically. If the bill passes, family access motions alleging alienation will receive expedited court attention. Parents experiencing interference with parenting time should consult an attorney about whether this accelerated pathway applies to their situation.
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Review your parenting plan. Vague parenting plans create more opportunities for interference. Specific provisions about holidays, transportation, communication schedules, and decision-making reduce the gray areas where alienation claims arise.
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Watch the Senate vote. HB1323 had its Senate hearing on March 19, 2026. If passed and signed, the law takes effect 30 days later. Parents in active custody disputes should discuss the bill's potential impact with their attorney now rather than scrambling after enactment.
Frequently Asked Questions
What is parental alienation under HB1323?
Under the proposed RSA 461-A:1, IV-a, parental alienation is a pattern of behavior, conduct, or speech that damages a child's relationship with a parent, causing fear, negative perception, rejection, or hostility. The definition requires a pattern, not a single incident, and excludes good-faith protective actions based on reasonable belief of abuse under RSA 169-C.
Did HB1323 pass the New Hampshire House?
HB1323 passed the New Hampshire House on February 12, 2026, by a vote of 197-157. The House Children and Family Law Committee previously recommended passage by a 9-6 vote. The bill reached Engrossed status on March 12 and had a Senate committee hearing on March 19, 2026. A Senate floor vote has not yet occurred.
How does the 60-day court deadline work?
HB1323 requires New Hampshire family courts to take action on family access motions alleging parental alienation within 60 days of filing under RSA 461-A:4-a. Standard family court motions currently take 90 to 180 days to reach a hearing. The 60-day mandate applies to both parental alienation allegations and substantial noncompliance with parenting plans.
Can HB1323 be used against domestic violence survivors?
This is the central concern raised by opponents. Attorney Mary Krueger testified that when allegedly abusive fathers counter-allege parental alienation, mothers lose custody roughly 50% of the time, nearly double the 28% baseline. The bill includes a good-faith abuse exception under RSA 169-C, but critics argue courts may not apply it broadly enough to protect genuine abuse survivors.
When would HB1323 take effect if passed?
HB1323 would take effect 30 days after the governor signs it into law. The bill must still pass the New Hampshire Senate and receive the governor's signature. The estimated fiscal impact is $100,000-$200,000 annually in judicial implementation costs, which could affect the timeline if fiscal review is required.
New Hampshire residents navigating custody disputes involving alienation concerns should speak with a family law attorney who understands both the current law and the potential changes HB1323 would bring. Find a New Hampshire divorce attorney on Divorce.law.
This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.