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Bar News - July 8, 2005


Jurisdiction Changes In Family Division

Contained in the new state budget legislation (in HB 2, Chap. 17) are several changes affecting jurisdiction of cases in the Rockingham Family Division.

According to Gina Apicelli of the Family Division, venue for cases filed on July 1 or after will be changed from the previous Family Division court to the location indicated as "New Venue":

 Town  Previous Venue  New Venue
 Newfields  Brentwood  Portsmouth
 Newmarket  Brentwood  Portsmouth
 Stratham  Brentwood  Portsmouth
 Deerfield  Derry  Brentwood
 Northwood  Derry  Brentwood
 Nottingham  Derry  Brentwood
 Raymond  Derry  Brentwood

This affects all new matters filed in the Family Division on or after July 1, 2005. Existing cases will stay in the courts at the location at which they were filed, although parties will have the option to request that their cases be reassigned to the new location.

Adoption jurisdiction. HB 2 also slightly adjusts the jurisdiction for adoptions in the Family Division. Under previous practice, all adoptions in Rockingham and Grafton counties were under the jurisdiction of the Family Division. Under the new law, adoptions that logically flow from other matters being heard by the Family Division matters—such as termination of parental rights, guardianships of minors, abuse and neglect cases—will remain in the Family Division. Apicelli explains that this jurisdiction change is intended to remove from the Family Division adoptions that have no other connection to the Family Division, such as private or international adoptions.

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