EPISODE 69: Burn it Down?

In this episode, Christine and Hugh dive deep into groundbreaking legislation in New Hampshire—House Bill 652—which proposes to completely abolish the state's family court system. The hosts explore the implications, controversies, and potential consequences of this radical approach to family law reform.

KEY TOPICS DISCUSSED:

New Hampshire House Bill 652

The bill would eliminate family court as a specialty court division

Jurisdiction would transfer to courts of general jurisdiction

No additional judges would be added, raising concerns about caseload

Includes a voluntary mediation system as an alternative dispute resolution option

The Three Strikes Provision

Bill criminalizes parenting time violations with escalating penalties

First violations treated as misdemeanors, third strike becomes a felony

Hugh and Christine express serious concerns about applying criminal penalties to inherently nuanced family disputes

Discussion of how this could endanger children when parents fear criminal prosecution for making safety-based decisions

Due Process in Family Court

The fundamental lack of due process protections in current family court systems

How specialty courts have evolved to violate basic constitutional rights

The absence of jury trials in family court versus other court systems

Comparisons to current events and broader due process issues in America

Abolishing vs. Reforming Family Court

Christine's position as a proponent of abolishing family court

Concerns about whether simply moving cases to general jurisdiction solves the core problems

The role of Guardian ad Litems (GALs) and the "family court machine"

How the system has become self-perpetuating and benefits only select professionals

Regional Politics & Culture

Fascinating tangent about New Hampshire's "Live Free or Die" culture

Comparisons between Northeast and Southern political discourse

Hugh's experiences living in Vermont and Maine

New Hampshire's outsized influence in presidential primaries

Practical Problems in Family Court

Contempt motions filed for minor infractions (15-minute late exchanges)

The criminalization of complex, nuanced custody disputes

How government entrenchment affects co-parenting decisions

Real examples of judges holding parents in contempt for car breakdowns

Judicial Accountability

The lack of consequences for judges who ignore the law

Judges who refuse to read appellate decisions or follow precedent

The need for judicial qualifications and experience requirements

Why successful private practice attorneys often don't pursue family court judgeships

Call to Action

Christine and Hugh emphasize the importance of constituent engagement:

Contact your state legislators about family court issues

Share your experiences and specific problems

Testimony, emails, and calls DO make a difference

Similar discussions are happening in multiple states

MENTIONED CASES & REFERENCES:

Christine Ward case (contempt penalty discussion)

Kentucky's 50/50 custody law (enacted 2018)

Vermont civil unions debate and "Take Back Vermont" movement

Ohio family court legislation controversy

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Social Media: @Judgingthejudges

LEGAL DISCLAIMER

The content of this podcast is for informational and entertainment purposes only. It is not intended to be, and should not be construed as, legal advice. Engaging with this content does not create an attorney-client relationship between you and the hosts, guests, or their firms. The views and opinions expressed on this podcast are solely those of the individuals involved and do not necessarily reflect the official policy or position of any law firm,...