2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:7 - Ex Parte and Temporary Orders.

463:7 Ex Parte and Temporary Orders. –
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 RSA 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 RSA 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 RSA 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 RSA 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 RSA 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.
Source.
1995, 222:1. 1997, 100:3. 2002, 239:2. 2004, 11:3. 2011, 177:2, eff. Aug. 13, 2011. 2022, 106:2, eff. Jan. 1, 2023.