In the Matter of Gretchen M. Conner and Roger T. Conner

Summary

The New Hampshire Supreme Court affirmed post-divorce orders finding Roger T. Conner in contempt for failing to pay his share of daycare and miscellaneous expenses and modifying the parties’ parenting plan to require him to administer prescribed medication to a child. The court held that the trial court did not unsustainably exercise its discretion by denying a request to convert the hearing to a structuring conference or by declining to appoint a guardian ad litem. It also held that the record supported the contempt finding and declined to address due process claims not properly raised below.

Holdings

1. The Family Division did not unsustainably exercise its discretion by denying the father's request to convert the hearing and proceeding on the motions.
2. The Family Division did not unsustainably exercise its discretion by declining to appoint a guardian ad litem.
3. The Family Division did not unsustainably exercise its discretion by finding the father in contempt for failing to pay his share of daycare and miscellaneous expenses.
4. The Supreme Court declined to address the father's state constitutional due process assertions because he failed to demonstrate that he properly raised them below.

Questions Presented

1. Whether the Family Division abused its discretion by denying the father's request to convert the final hearing into a structuring conference to allow discovery and appointment of a guardian ad litem.
2. Whether the Family Division abused its discretion by declining to appoint a guardian ad litem before requiring the father to administer the child's prescribed medication.
3. Whether the Family Division abused its discretion by finding the father in contempt for failing to pay his share of daycare and miscellaneous expenses.
4. Whether the father's asserted state constitutional due process claims were preserved for appellate review.

Disposition

affirmed