New Hampshire Revised Statutes 463:7 – Ex Parte and Temporary Orders
Current as of: 2023 | Check for updates
|
Other versions
I. Upon entry of a petition seeking guardianship of the person or of the estate or both of a minor, the court may issue orders for ex parte and temporary guardianship as follows:
(a) Ex parte orders may issue at any time prior to notice to the persons required to receive notice under N.H. Rev. Stat. § 463:6, I on a petition or request asking for such relief which includes a sworn affidavit or verified pleading alleging facts involving the circumstances of the minor which establish that unless the ex parte relief is granted the minor will or is likely to suffer immediate or irreparable harm or injury.
(1) If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the court and request a hearing. Such a hearing shall be held no later than 5 days after the request is received by the court.
(2) Notwithstanding subparagraph (1), any ex parte order entered expires 30 days after the date of the order; however, any ex parte order may be extended pending notice on persons required to receive notice under N.H. Rev. Stat. § 463:6, I if the party or parties seeking guardianship or appointed guardian ex parte provide proof satisfactory to the court that they have undertaken a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under N.H. Rev. Stat. § 463:6, I. In the event of such an extension, the court may enter such limitations on the extension as it deems reasonable and appropriate. Any further extension shall be only upon like request and proof. In the case of any extension, the court shall enter an express finding that the petitioner or petitioners for guardianship, or the person or persons appointed ex parte, have made a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under N.H. Rev. Stat. § 463:6, I and that the minor is still at risk.
(b) Temporary orders may be entered pending hearing and ruling on the merits, provided, however, that no temporary order shall carry with it any presumptive weight in the court’s adjudication of the merits or affect the legal rights of the parent other than as specified in the court order.
(c) Upon the entry of a petition seeking guardianship of the person accompanied by a nomination document and activation orders pursuant to N.H. Rev. Stat. § 463:18-a, the court shall issue temporary orders appointing the individual nominated guardian pending a hearing and ruling on the merits; but for cause, the court may appoint some other suitable individual temporary guardian.
I-a. In cases where the court is addressing temporary guardianship due to either the death of a parent or the death of a guardian who has served in that capacity for the child for at least 2 years, the court shall consider, as part of its determination as to the best interests of a child, the contact the child has had with the surviving parent and/or the wishes of the deceased guardian as provided in estate planning documents.
II. Ex parte or temporary orders issued may include the appointment of a guardian or co-guardian, injunctive relief, support orders, restraining orders, visitation orders, or such other orders as the court may enter on the merits.
III. Any ex parte or temporary orders entered by the court may be modified for cause upon petition or the court’s own motion and such notice as the court may deem reasonable or appropriate.
(a) Ex parte orders may issue at any time prior to notice to the persons required to receive notice under N.H. Rev. Stat. § 463:6, I on a petition or request asking for such relief which includes a sworn affidavit or verified pleading alleging facts involving the circumstances of the minor which establish that unless the ex parte relief is granted the minor will or is likely to suffer immediate or irreparable harm or injury.
Terms Used In New Hampshire Revised Statutes 463:7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- sworn: when applied to public officers required by the constitution to take oaths therein prescribed, shall refer to those oaths; when applied to other officers it shall mean sworn to the faithful discharge of the duties of their offices before a justice of the peace, or other person authorized to administer official oaths in such cases. See New Hampshire Revised Statutes 21:25
(1) If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the court and request a hearing. Such a hearing shall be held no later than 5 days after the request is received by the court.
(2) Notwithstanding subparagraph (1), any ex parte order entered expires 30 days after the date of the order; however, any ex parte order may be extended pending notice on persons required to receive notice under N.H. Rev. Stat. § 463:6, I if the party or parties seeking guardianship or appointed guardian ex parte provide proof satisfactory to the court that they have undertaken a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under N.H. Rev. Stat. § 463:6, I. In the event of such an extension, the court may enter such limitations on the extension as it deems reasonable and appropriate. Any further extension shall be only upon like request and proof. In the case of any extension, the court shall enter an express finding that the petitioner or petitioners for guardianship, or the person or persons appointed ex parte, have made a due and diligent effort to provide the court with the names and addresses of those persons required to receive notice under N.H. Rev. Stat. § 463:6, I and that the minor is still at risk.
(b) Temporary orders may be entered pending hearing and ruling on the merits, provided, however, that no temporary order shall carry with it any presumptive weight in the court’s adjudication of the merits or affect the legal rights of the parent other than as specified in the court order.
(c) Upon the entry of a petition seeking guardianship of the person accompanied by a nomination document and activation orders pursuant to N.H. Rev. Stat. § 463:18-a, the court shall issue temporary orders appointing the individual nominated guardian pending a hearing and ruling on the merits; but for cause, the court may appoint some other suitable individual temporary guardian.
I-a. In cases where the court is addressing temporary guardianship due to either the death of a parent or the death of a guardian who has served in that capacity for the child for at least 2 years, the court shall consider, as part of its determination as to the best interests of a child, the contact the child has had with the surviving parent and/or the wishes of the deceased guardian as provided in estate planning documents.
II. Ex parte or temporary orders issued may include the appointment of a guardian or co-guardian, injunctive relief, support orders, restraining orders, visitation orders, or such other orders as the court may enter on the merits.
III. Any ex parte or temporary orders entered by the court may be modified for cause upon petition or the court’s own motion and such notice as the court may deem reasonable or appropriate.