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Committee hears testimony on HB 194 to clarify and strengthen 'interference with custody' enforcement
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Summary
Lawmakers and witnesses urged clearer enforcement of New Hampshire's interference-with-custody statute (RSA 633:4), saying police sometimes treat withholding children as a civil family-court matter rather than a crime. Sponsors and witnesses proposed clarifying language and stronger directions for law enforcement.
Rep. David Love, a cosponsor of House Bill 194, opened the committee’s public hearing by describing the measure as an amendment to New Hampshire RSA 633:4 to strengthen penalties and ensure law enforcement enforces court orders.
Supporters told the Criminal Justice and Public Safety Committee they encounter cases where officers tell parents withholding children to take the issue to family court rather than pursue criminal charges, leaving parents waiting weeks for hearings. Rep. Love said HB 194 would specify misdemeanor and felony penalties for repeated violations and make clear that enforcement is appropriate when a child under age 18 is withheld from a person with lawful parental rights.
Public witnesses described long delays and repeated cross-border removals that left parents and children without timely remedies. Dana Albrecht described a seven-year odyssey involving children moved across multiple states; Gail Drobat and Betty Gay urged that police be required to investigate and that prosecutors be aware this conduct is criminal, not purely civil. Witnesses and the cosponsor said adding mandatory reporting or a clear “shall investigate” instruction for peace officers could address the enforcement gap. Some asked caution about mixing civil domestic statutes (RSA 173‑B) and criminal law.
No formal action was taken; the hearing closed with the chair thanking testifiers. The committee heard a mix of policy arguments: supporters pressed for clearer statutes and enforcement directions; some members and witnesses urged careful drafting to avoid unintended consequences when civil protective orders and criminal law overlap.
Background: RSA 633:4 already criminalizes withholding a child from a person with lawful custody and treats removal from the state differently from withholding within the state. Testimony focused on how the statute is implemented by law enforcement and whether additional language or AG guidance is needed to ensure on‑the‑ground enforcement.
