How does one go about requesting the NH Supreme Court to take a second look at a custody case? My brother understands that he has a very limited amount of time to request an appeal, but he cannot figure out how to even start the process. What forms does he need, and where does he get them? What costs are involved? He had a lawyer during the divorce/custody process but he has “used up” his retainer, and cannot pay anything more to get this information from the lawyer. (He will have to represent himself.) He and I have searched all over the internet trying to figure this out.


If you need more details, here they are… As my brother describes it, he “brought a dove to a gun fight”. He tried to be a civilized adult through the whole divorce/custody process, and he lost everything. My faith in the legal system has been badly damaged watching what has happened to him, and I am now trying to help him save something from this train wreck.

Most of the problems resulted from the “guardian ad litum” who was assigned to “protect” the interests of their daughter. My brother was open and honest with her and answered every question she put to him. He believed that this person was an experienced professional, who would keep an open mind and truly do what was best for the child. He was wildly mistaken in this belief, however, and is now paying for it. I will come back to the guardian ad litum in a moment.

The divorce had been fairly straightforward until my ex-sister-in-law realized that my brother was not going to willingly let their child be removed from the town where she was born and raised. Specifically, he did not want her to have to change schools, and move in with the “other” grandparents an hour away from him. When his ex-wife realized that he was not going to give in on this, she suddenly claimed that he was a long-time abusive drunk…and had him kicked out of their home. She took out a restraining order on him, too. He knew this was all a legal maneuver to try to force him to let their daughter be moved away, but it still hurt and surprised him. It shocked the heck out of me…but I never thought that anyone would actually BELIEVE any of it. The timing was too convenient, and she had absolutely NO proof of anything. The police had never been to their house, she had never reported any abuse to anyone, he has never been pulled over drunk, etc.

This is where the guardian at litum comes in. She chose to believe everything that my ex-sister-in-law told her, as gospel, apparently. She also chose to disbelieve every word out of my brother’s mouth. My brother urged her to interview all their neighbors and mutual friends, which she did, and nothing that anyone said swayed her at all. She had made up her mind early on, and that was that. The guardian went into court and portrayed my brother as a violent, drunk, monster. Her testimony, combined with a very savvy lawyer hired by his former in-laws (and outright lies from his former wife), did the job…and my brother lost all custody of their daughter. He has no say in her life at all, and she has been moved out of town and an hour away…just as fast as my ex-sister-in-law could do it.

By appealing to the Supreme Court, my brother is hoping for the chance to present his side of the story. He has been unable to tell anyone the facts or show his proof that he is not the monster that he has been depicted as. He wants SOMEONE to acknowledge the fact that the guardian ad litum has judged him based only on the say-so of his ex-wife and has ignored everything else. He has gone from being a very involved and loving parent to being a brief weekly blip in his daughters life…and he has to drive 4 hours a week to go get her and bring her back to do even that!

There is more, so much more, but I think you get the gist of it. Thank you for reading all this, and I welcome any thoughts anyone might have. Especially on how he can get an appeal going, and represent himself.

You don't get any case heard in a Supreme court (Federal or State) until its run it course through the lower applicable courts first. I didn't read where that has already been done. If it has please clarify.

And it will not get to the Supreme Court without an attorney and lots of money, Next at the Supreme Court you don't get to "tell your side" you merely present evidence of how prior courts did not properly handle something due to laws or case law.

You can appeal, but there is limited time frame and you have to also show error in court process..

Sorry it sounds like you lost because you did not have an attorney, and they used the system against you.

The thing in family court, is you can refile to have motions hear over again, either based on error of last hearing, or by a change in factors.

You just need an attorney.

The divorce and custody have been through the lower courts, and the ruling was given about a week ago. He had an attorney through all of it, but has no more money for continued legal help.

He was not allowed to present his side of the case fully during that time. The hearing was scheduled for two days and the judge made it clear that it was going to be ONLY two days, not a minute more. Her lawyer used up a day and a half of that time, asking the same questions over and over. He knew what he was doing and used up as much time as possible. In the 4 hours remaining to my brother (and his lawyer) they were unable to present all the documents that they had, and unable to present the witnesses that were waiting to speak on his behalf. There just was not enough time. They were able to make some points, but not enough, and her accusations were not all addressed.

I am not sure if that qualifies as a court not handling something correctly, but it was surely wildly unfair. She had a day and a half to make her points, over and over and over. But he gets 4 hours? (With her lawyer butting in and dragging stuff up that was not relevant, and wasting quite a bit of what little time he had... )

I know he needs legal help. He knows it too. But his lawyer won't help him until he comes up with more money, and I don't know how that can happen.

As noted, to appeal a case before a higher court, you have to be an attorney. The court will not hear a case pro se.

But frankly I really find your story hard to believe. Judges rule on the basis of evidence. GALs are appointed by the court pool of professionals. I just find it hard to accept that his case managed to go through the initial court and appellate courts without any evidence.

But if this is true, I would take a different tactic. I would file suit against the ex and maybe the GAL too for defamation. He has the transcripts of the court that she claimed he was a "long term abusive drunk". So proving the defamation isn't a problem. In such a suit the burden of proof will be on them to prove their accusation. If they can't provide police reports and other testimony and evidence to prove their accusations he can win. If he wins, he may get enough money to further pursue the custody case. And he can pursue such a case pro se.

Or he can try to file for a modification of the original custody ruling citing the defamation ruling as a change in circumstance.

Another suggestion is to check local law schools. Many have clinics that may help prepare strategy and paperwork. But forget about appearing before the NH supreme court without an attorney.

As noted, to appeal a case before a higher court, you have to be an attorney. The court will not hear a case pro se.
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Please cite a source. I don't think this is so. See N. H. Supreme Court Rule 33 (http://www.courts.state.nh.us/rules/scr/scr-33.htm): "... (2) Without the prior written approval of the court, no person who is not a lawyer may represent a person other than himself or... "

But as others have suggested, the chances of prevailing on appeal are slim. The trial court will not be over-ruled simply because an appellate court thinks it simply mis-judged the evidence. The trial court has to have made a significant error of law. I don't see one here. And that may be one reason that his attorney isn't excited about appealing (besides the fact there isn't any more money).

Here (http://www.courts.state.nh.us/rules/scr/index.htm) are the NH Supreme Court Rules. Rule 7 provides that he has 30 days in which to file a notice of appeal.

Please cite a source. I don't think this is so. See N. H. Supreme Court Rule 33 (http://www.courts.state.nh.us/rules/scr/scr-33.htm): "... (2) Without the prior written approval of the court, no person who is not a lawyer may represent a person other than himself or ..."


If you read the rules that you linked to. The intent is CLEARLY that the court wants arguments to be presented by a member of the NH bar. Reading the rules carefully. I'm not even sure I was wrong. It is not clear whether a person can represent themselves without ANY counsel.

However, I strongly suspect that the court will not given written approval in this case. The brother will need to prepare a convincing petition that there was a miscarriage of justice.

You don't get any case heard in a Supreme court (Federal or State) until its run it course through the lower applicable courts first. I didn't read where that has already been done. If it has please clarify.
New Hampshire doesn't appear to have an intermediate court of appeals. The NHSC is it.

"But frankly I really find your story hard to believe. Judges rule on the basis of evidence. GALs are appointed by the court pool of professionals. I just find it hard to accept that his case managed to go through the initial court and appellate courts without any evidence."-ScottGem

I understand your doubt! Judges SHOULD rule on evidence, and that is one reason why I was not terribly worried about her accusations. I thought for sure that the GAL would require proof, and had probably dealt with "last-minute-liars" before. But no such luck. It didn't help that her family lied to the GAL as well, and they had their stories down pat. (I alternate between being impressed and disgusted at how well prepared they were.) But there was never any evidence presented that the police had ever been called, or anything ever reported to ANYONE. No trips to the hospital, no DUIs, nothing. The neighbors and mutual friends were stunned to hear what was going on, and several went to court to speak for him, and/or offer moral support.

The GAL believed everything the ex-wife said, and presented it all as facts in court. And then she went a bit further, and took things that my brother said out of context and used them against him. She went through the motions of interviewing people outside the family, but discounted everything that anyone said if it involved anything positive about my brother.

He has all of her written reports, and he can get a transcript of the hearing, I believe. I like the idea of going after her for defamation. But I seem to remember him saying that he signed some sort of agreement early in the process that he would not "go after her" after the process was over. I assumed that meant that he would not bother her at her home, or something. I wonder if that agreement prevents him from sueing her.

You can't sign away your rights. So even if he did sign a waiver that says he can't sue, if the case is as egregious as you claim, then I believe her testimony is actionable. But I would have to know exactly what he signed. But I still think that is his best tactic.