New Hampshire HB1323: The First State Law to Define Parental Alienation
This page is general information about a pending bill, not legal advice. For how this would apply to a specific case, consult an attorney licensed in New Hampshire.
Bill: NH HB1323 (2026) • New Hampshire • Passed both chambers, awaiting final action • Last checked: June 2026
New Hampshire HB1323, titled “Relative to parental alienation,” would write a definition of parental alienation into the state’s custody statute and require family courts to consider it when deciding parenting arrangements. It has passed both chambers. If it becomes law, New Hampshire would be the first state in the country to define parental alienation in statute.
Estrangement caused by genuine abuse is not parental alienation. HB1323 includes a carve-out: protective actions taken on a reasonable belief of abuse or neglect are not treated as alienation. That distinction is central to the bill and to using the term responsibly.
What this bill is
HB1323 adds a statutory definition of parental alienation to RSA 461-A, the chapter that governs parental rights and responsibilities in New Hampshire, and directs courts to weigh evidence of alienation in their decisions. Most courts today handle alienation case by case, with no statutory definition and wide variation from judge to judge. This bill replaces that with a fixed legal definition and a duty to consider it.
Why it matters for parental alienation
This is the most advanced parental alienation bill in the country right now. A statutory definition shapes how judges, evaluators, and guardians ad litem describe and analyze a child’s rejection of a parent. For a parent who believes they are being pushed out of a child’s life, a duty-to-consider provision means a court cannot simply decline to address the claim. The good-faith carve-out is what keeps the same provision from being turned against a parent who is legitimately protecting a child.
What the bill would do
The bill adds a definition of parental alienation to RSA 461-A and requires courts to consider evidence of it in decision-making and parenting-time determinations. It sets a 60-day timeline for resolving family-access motions that allege alienation. And it excludes, by design, protective actions taken on a reasonable belief of abuse or neglect under RSA 169-C, so that shielding a child from harm is not mislabeled as alienation.
Where it stands
HB1323 passed the House on February 12, 2026 (the roll call was reported as 197 to 157) and passed the Senate on April 23, 2026. Reporting indicates an effective date of January 1, 2027. The remaining step is the governor’s signature, which is not yet independently confirmed on the official legislative record. This is the closest any parental alienation definition has come to becoming law in the United States, though “passed both chambers” is not the same as “enacted,” and that final step is tracked below.
Updates
April 2026
The Senate passed HB1323. What it means: the bill has cleared both chambers and moves toward the governor. If signed, New Hampshire becomes the first state to define parental alienation in statute, effective January 1, 2027.
February 2026
The House passed HB1323 by 197 to 157 after contested testimony from parents on both sides. What it means: the approach of a statutory definition plus a duty to consider it survived its first full chamber, and the good-faith protective carve-out was enough to move it past concerns that it could be misused in abuse cases.
January 2026
HB1323 received a public hearing, with parents testifying for and against. What it means: the central debate, whether defining parental alienation protects children from manipulation or risks being weaponized against protective parents, was aired early and openly.
Common questions
Would HB1323 make parental alienation illegal in New Hampshire? No. It would define the term and require family courts to weigh it in custody decisions. It is a family-law provision, not a criminal statute.
Does it apply to abuse cases? The bill specifically excludes good-faith protective actions based on a reasonable belief of abuse or neglect, so a parent shielding a child from harm is not treated as alienating.
Is it law yet? Not yet. As of June 2026 it has passed both chambers and the governor’s signature is the remaining step. The reported effective date is January 1, 2027.
Sources
- New Hampshire General Court, HB1323 bill status. https://gc.nh.gov/bill_status/
- LegiScan, NH HB1323 (2026). https://legiscan.com/NH/bill/HB1323/2026
- InDepthNH, coverage of January 2026 testimony. https://indepthnh.org/2026/01/13/parents-spar-in-testimony-over-bill-on-parental-alienation/
If you are struggling right now
- 988 Suicide and Crisis Lifeline: call or text 988
- Childhelp National Child Abuse Hotline: 1-800-422-4453
- NAMI HelpLine: 1-800-950-6264
Author: Alex Buckles (PAC Founder) • Last reviewed: June 6, 2026
