In re Guardianship of J.H.
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This case involves a minor, J.H., whose father is in jail and whose mother passed away when he was less than three years old. The child's maternal grandmother was appointed as his guardian. The Supreme Court of New Hampshire was asked to review an order by the Circuit Court, which prohibited the grandmother from testifying against the father's release from prison at any parole or similar hearings without first obtaining permission from the Circuit Court.
The grandmother appealed this order, arguing that it violated her right to freedom of speech. The Circuit Court denied her motion, reasoning that J.H.'s best interests outweighed the grandmother's free speech rights.
The Supreme Court of New Hampshire reversed the Circuit Court's decision in part. The Supreme Court found that the Circuit Court exceeded its statutory authority by restricting the grandmother's ability to testify at the father's parole hearing. The Supreme Court interpreted the relevant statute, RSA chapter 463, and determined that while it does grant the Circuit Court the authority to limit or restrict the powers of a guardian or impose additional duties in the best interests of the minor, it does not permit the court to restrict the guardian from speaking at a parole hearing. The Supreme Court concluded that this restriction was unrelated to the grandmother's role as guardian and was therefore not within the scope of the court's authority. As a result, the case was remanded back to the Circuit Court for further proceedings.
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