In the Matter of Kelly & Fernandes-Prabhu

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RSA 461-A:11, I(a) permits a court to modify a parenting plan only when the parties agree to specific modification terms. Because the parties here disagreed about specific modification terms, they did not “agree to a modification,” and the trial court did not have authority to modify the parenting plan pursuant to RSA 461-A:11, I(a). Accordingly, because RSA 461-A:11, I(a) did not empower the trial court to modify the parenting plan, and because the record contained insufficient findings to permit the New Hampshire Supreme Court to determine whether the trial court properly modified the plan pursuant to RSA 461-A:11, I(c), the trial court’s order was reversed to the extent that modification of the parenting schedule was ordered pursuant to RSA 461-A:11, I(a). The Supreme Court also vacated the order to the extent that modification of the parenting schedule was ordered pursuant to a different subparagraph of RSA 461-A:11, I, and remanded for further proceedings. View "In the Matter of Kelly & Fernandes-Prabhu" on Justia Law