Modification of an existing parenting plan becomes a little easier beginning August 13, 2011

On June 14, 2011, the New Hampshire legislature approved House Bill 52 which allows a Court to modify permanent parenting plans if there are minimal or no changes in the allocation of parenting time. For example, this will allow a Court to modify minor changes to pick up or drop off times based on changes to the parties’ or child’s schedules or a change in which weeknight a parent has parenting time with his/her child based on the best interest of the child.

The New Hampshire Supreme had previously interpreted RSA 461-A:11 to allow for modification of final parenting plans in only certain limited circumstances absent an agreement of the parties. See In Re Muchmore, 159 N.H. 470 (2009)

HB 52 also allows for other modifications of permanent parenting plans other than to the parenting schedule and requests for relocation based on the best interest of the child standard.

HB 52 becomes effective August 13, 2011. For the text of the bill go to http://www.gencourt.state.nh.us/legislation/2011/HB0052.html

Submitted By Andrea Labonte, Esq.
603-629-4542
alabonte@wiggin-nourie.com

Business Resolutions

From the Union Leader to the Boston Globe to the Wall Street Journal, business writers and analysts are predicting a general increase in hiring for 2011. Early economic indicators, including the Dow edging tantalizingly towards 12,000, suggest consumer confidence is returning to a level not seen for several years. This is welcome news after countless reports of layoffs, work force reductions, and hiring freezes.

Is your business ready to add new employees? Talking to business associates has revealed an understandable but dangerous tendency to let hiring procedures, company policies and employee handbooks unattended during this recent negative economic cycle. With many companies experiencing a downturn in earnings, it was hard to justify added expense in reviewing these types of materials. Now, however, with news that the recession is “officially over” and publication of positive predictions, this may be a good time to revisit company procedures and update policies, manuals, and forms. Please feel free to contact me with any questions you may have about the best manner in which to do this; or call Meredith Cook at 629-4511 to discuss updating your employment policies; or, call Mona Movafaghi at 629-4523 to discuss immigration issues. This is an opportune time to revamp employer policies and hiring information, and place your company in a good position to expand your work force as, hopefully, it and the economy grows again.

-Submitted By Christopher Pyles, Esq.
603-629-4725
cpyles@wiggin-nourie.com

Mediation Update

Last month, the Supreme Court of New Hampshire issued a decision titled “Lillie-Putz Trust v. Downeast Energy” in which the Court affirmed two superior court orders, dismissing the Trust’s writ with prejudice and denying a motion for reconsideration, based on the Trust’s refusal to appear for a scheduled mediation. The case provides a good reminder that Courts take the mediation process seriously, and participants should as well. That approach not only complies with Superior Court Rule 170 – it vastly increases the chances for resolution, and probably saves all participants from higher litigation costs and business disruption.

-Submitted By Christopher Pyles, Esq.
603-629-4725
cpyles@wiggin-nourie.com