HB 652 revives debate over bias, bureaucracy, and child welfare as reformers notch a surprise win in the state House
By Michael Phillips | NYBayNews
New Hampshire lawmakers are weighing a dramatic overhaul of the state’s family justice system—one that could ripple far beyond the Granite State. House Bill 652 (HB 652), a Republican-sponsored proposal to abolish New Hampshire’s specialized Family Division courts and replace them with a mediation-first model under general jurisdiction courts, is officially back in play after a narrow but significant House vote earlier this month.
Supporters are calling it a long-overdue reckoning with a system they say has grown unaccountable, adversarial, and harmful to children and families. Critics warn it risks chaos, backlogs, and the loss of specialized expertise. Either way, the bill has reopened one of the most contentious debates in modern family law.
What HB 652 Would Do
HB 652—“An Act abolishing the family division, creating the office of family mediation, and reassigning the jurisdiction of the family division”—would dismantle New Hampshire’s Family Division, which was created in 2005 to centralize cases involving divorce, child custody, support, juvenile matters, abuse and neglect, and protection orders.
Key provisions include:
- Eliminating the Family Division and repealing RSA 490-D, ending the specialized family court structure.
- Reassigning jurisdiction to existing circuit, district, and superior courts, placing family cases before general jurisdiction judges.
- Creating a new Office of Family Mediation under the Judicial Branch to prioritize mediation in custody and support disputes, with unresolved issues proceeding to court.
- No creation of new courts or judges, with proponents emphasizing de-specialization rather than expansion.
- Minimal fiscal impact, according to the bill’s fiscal note, with potential long-term savings from fewer prolonged proceedings.
The bill is sponsored exclusively by Republicans: Reps. J.D. Bernardy, Matt Sabourin, Susan DeRoy, and Lisa Post—reflecting a broader center-right push for court reform, limited government, and reduced bureaucracy.
A Bill Brought Back From the Dead
HB 652 appeared all but finished in March 2025 when the House Children and Family Law Committee voted 12–2 to recommend it as “Inexpedient to Legislate” (ITL), effectively killing it. The committee praised the Family Division’s efficiency in handling more than 20,000 cases annually, while acknowledging some limited shortcomings.
But on January 7, 2026—during the opening days of the new legislative year—the full House rejected the committee’s recommendation. By a 183–161 vote, lawmakers approved a motion to recommit the bill back to committee, reviving it for further review.
The vote was driven largely by Republican members, including Reps. Matt Drew, Michael Granger, and James Thibault, who argued that the committee glossed over deeper systemic failures. Rep. Drew described the committee report as “suspicious,” citing “numerous documented issues of family court bias and poor decision making.”
For reform advocates, the recommittal alone was a major victory.
Why Reformers Say the System Is Broken
Supporters of HB 652 point to longstanding complaints about family courts nationwide—concerns that resonate strongly with center-right critiques of administrative overreach.
Among the most cited issues:
- Perceived bias in custody decisions, particularly in contested cases where mothers receive primary custody at far higher rates.
- Overreliance on guardians ad litem (GALs) and court-appointed evaluators, whom critics say operate with limited oversight and financial incentives to prolong disputes.
- Weak due process protections, including relaxed rules of evidence and limited avenues for appeal.
- Federal funding incentives, such as Title IV-D child support reimbursements, which critics argue reward aggressive enforcement and adversarial outcomes rather than cooperative parenting.
Advocacy groups like NH Family Justice and prominent activists such as Carey Ann George have amplified these concerns, framing HB 652 as a “first-in-the-nation” attempt to dismantle what they describe as a structurally flawed system.
The Case Against Abolition
Opponents—including many Democrats and members of the Children and Family Law Committee—argue that abolishing the Family Division would create more problems than it solves.
They warn that:
- General jurisdiction judges may lack specialized training in child psychology, trauma, and domestic violence.
- Court backlogs could worsen, especially in rural areas, as thousands of cases shift venues.
- Mediation is not appropriate for all cases, particularly those involving abuse, coercion, or severe power imbalances.
From this perspective, the Family Division may be imperfect—but it is preferable to dismantling a system that, in their view, largely works.
What Happens Next
As of January 11, 2026, HB 652 remains pending in the House Children and Family Law Committee. The committee may hold new hearings, amend the bill, or issue a revised recommendation.
Possible outcomes include:
- Advancement in amended form, focusing on expanded mediation without full abolition.
- Renewed opposition, resulting in another ITL recommendation.
- Full passage in the House, followed by a tougher fight in the Senate.
Even if it clears both chambers, the bill would face scrutiny from Republican Governor Kelly Ayotte, who has signaled openness to family-focused reforms but may hesitate over sweeping structural changes.
Why This Matters Beyond New Hampshire
For families and reform advocates in states like New York and Maryland, where similar complaints about family courts persist, HB 652 is being closely watched. A successful overhaul in New Hampshire could embolden lawmakers elsewhere to revisit entrenched systems long considered untouchable.
Whether HB 652 becomes law or not, its revival signals something deeper: growing bipartisan frustration with how family courts operate—and a willingness, at least among some lawmakers, to challenge a system many Americans feel has drifted far from its original mission of protecting children and families.
NYBayNews will continue to track developments as the bill moves forward.
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