New Hampshire Ex Parte Guardianship Order for a Minor

When a Child Needs a Guardian Right Now

Sometimes the full guardianship process — filing a petition, serving notice, waiting for a hearing — takes too long. A child needs medical care today, or needs to start school this week, and no parent is available to sign consent documents. New Hampshire's ex parte guardianship provision under RSA 463:7 may be available when the court finds the required immediate or irreparable harm.

What an Ex Parte Order Is

An ex parte order is a temporary court order issued without the other side (typically the parents) being present or given advance notice. The court grants it based on the petitioner's sworn statements alone, because the situation is too urgent to wait for a full hearing.

Under RSA 463:7, the court may issue ex parte relief only on a petition or request that includes a sworn affidavit or verified pleading alleging facts showing that, without the order, the minor will or is likely to suffer immediate or irreparable harm. A relative's inability to authorize routine care or school enrollment by itself does not establish that standard.

The 30-Day Expiration

An ex parte order under RSA 463:7 expires 30 days after it is entered. The court may extend it while notice to the people listed in RSA 463:6, I is pending if you show a due and diligent effort to provide the court with their names and addresses and the court finds that the minor is still at risk. Any further extension requires another request and proof. Separately, the court may enter a temporary order pending the hearing and decision on the merits.

This means the ex parte order is a bridge, not a solution. Use those 30 days to prepare for the full guardianship hearing — gather documentation, serve notice on the parents, and consult with legal aid if the case is likely to be contested.

How to File

You file the Ex Parte (Emergency) Motion form with the Petition for Guardian of Minor (NHJB-2162-FPe) through the Judicial Branch's e-filing system, unless the court grants an e-filing exception. The motion and sworn affidavit or verified pleading must allege facts showing immediate or irreparable harm without relief.

The Judicial Branch's filing instructions list the guardianship petition, Ex Parte (Emergency) Motion, Criminal Record Release Authorization forms, and DHHS Record Release Authorization forms. The release forms are required for each proposed guardian and each adult living with the minor; the petition form says the other household adults' forms are due within 10 days after filing. A birth or death certificate, or an affidavit if a parent's whereabouts are unknown, may also be requested.

After you submit an ex parte filing electronically, the Judicial Branch requires self-represented filers to go to the courthouse within 5 business days; the petition is not considered filed until they do. An order usually follows on the filing day or next business day after the judge reviews the documents. If granted, a temporary guardianship order may give you authority to consent to medical care under RSA 463:12. A relative's filed petition separately permits school attendance in the relative's district under RSA 193:12.

What the Order Lets You Do

A party against whom an ex parte order is entered may file a written request for a hearing. The court must hold that hearing no later than 5 days after receiving the request.

With an ex parte temporary guardianship order, you can:

• Enroll the child in school (a relative's filed guardianship or legal-custody petition permits attendance in the relative's district under RSA 193:12)
• Consent to medical, dental, and mental health care
• Request the child's health records as a HIPAA personal representative, subject to state-law limits for care the minor may consent to
• Apply for benefits on the child's behalf
• Make day-to-day care decisions

You cannot use it to permanently alter custody or parental rights. Those questions are resolved at the full hearing.

After the 30 Days

Plan for what comes next before the ex parte order expires:

• If the full guardianship hearing is scheduled within 30 days, the court can issue a permanent guardianship order at that hearing
• If notice is still pending after 30 days, request an extension under the conditions described above; a separate temporary order may remain in effect only if the court enters one pending the merits hearing
• If circumstances change, ask the court to modify or dissolve the order; RSA 463:7, III allows modification for cause

Don't Wait for an Emergency to Prepare

Our New Hampshire School and Medical Consent Guide maps out every consent instrument available to kinship caregivers — from temporary agent appointments that don't require court involvement to ex parte orders and full guardianship. It includes an authority comparison matrix so you can match your situation to the right legal tool before a crisis forces the decision.

See more New Hampshire guides →