New Hampshire Revised Statutes
[unofficial excerpts]

Note to people who came here via a search engine: You are not at New Hampshire's RSA web site (follow the link above if you wish to be there). This folder has excerpts from a chapter of the NH RSAs that have some relevance to understanding and working with the state's Division of Children, Youth, and Families. These pages collect several sections into one page that is easier to navigate than the state's pages.

Chapter 458-A: Uniform Child Custody Jurisdiction Act

Table of Contents:

Section 458-A:1 Purposes of Chapter; Construction of Provisions [state page]
Section 458-A:2 Definitions [state page]
Section 458-A:3 Jurisdiction to Make Child Custody Determinations [state page]
Section 458-A:4 Notice and Opportunity to Be Heard [state page]
Section 458-A:5 Notice to Persons Outside the State
Section 458-A:5-a Emergencies; Ex Parte Relief [state page]
Section 458-A:5-a Emergencies; Ex Parte Relief [state page]
Section 458-A:6 Simultaneous Proceedings in Other States [state page]
Section 458-A:7 Inconvenient Forum [state page]
Section 458-A:8 Jurisdiction Declined Because of Conduct [state page]
Section 458-A:9 Pleadings and Affidavits; Duty to Inform Court [state page]
Section 458-A:10 Additional Parties [state page]
Section 458-A:11 Appearance of Parties and the Child [state page]
Section 458-A:12 Force and Effect of Custody Decrees [state page]
Section 458-A:13 Recognition of Out-of-State Custody Decrees [state page]
Section 458-A:14 Modification of Custody Decree of Another State [state page]
Section 458-A:15 Filing and Enforcement of Custody Decree of Another State [state page]
Section 458-A:16 Certified Copies of Custody Decrees [state page]
Section 458-A:17 Examination of Witnesses Outside the State [state page]
Section 458-A:18 Hearings and Studies in Another State; Orders to Appear [state page]
Section 458-A:19 Assistance to Courts of Other States [state page]
Section 458-A:20 Preservation of Evidence for Use in Other States [state page]
Section 458-A:21 Request for Court Records from Another State [state page]
Section 458-A:22 International Application [state page]
Section 458-A:23 Priority [state page]
Section 458-A:24 Separability [state page]
Section 458-A:25 Inconsistent Provisions of Other Laws Superseded
[state page]

458-A:5-a Emergencies; Ex Parte Relief.

    I. Emergency orders may be granted without written or oral notice to the adverse party only if it clearly appears to the court, from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury, loss, or damage will result to the applicant, the children, or property before the adverse party or attorney can be heard in opposition.
    II. No ex parte order shall be granted without:
       (a) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party.
       (b) A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present.
    III. If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the superior court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk for the county in which the custody proceeding is filed.

Source. 2002, 46:2, eff. Jan. 1, 2003.