Perreault standard in New Hampshire

11 New Hampshire opinions name it 1 courts 1978–2007 0 in the last five years

The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
Greenglass v. Greenglassgreen nh · 1978 · cited in 2 New Hampshire opinions naming this issue, 1987–1990 2 sentences 1990The plaintiff argues that the custody modification standard enunciated in Perreault v. Cook ought not to apply here because the custody decree was the result of the parties’ stipulation and was not a result of a “full hearing on the merits.” She relies upon Greenglass v. Greenglass, 118 N.H. 570, 391 A.2d 890 (1978), in which this court held that the Perreault standard does not apply when a parent seeks to modify a temporary custody decree. 1990The plaintiff argues that the custody modification standard enunciated in Perreault v. Cook ought not to apply here because the custody decree was the result of the parties’ stipulation and was not a result of a “full hearing on the merits.” She relies upon Greenglass v. Greenglass, 118 N.H. 570, 391 A.2d 890 (1978), in which this court held that the Perreault standard does not apply when a parent seeks to modify a temporary custody decree.	1	2
Hill v. Dobrowolskigreen nh · 1984 · cited in 1 New Hampshire opinions naming this issue, 2007–2007 2 sentences 2007Although we will not construe a statute as abrogating the common law unless the statute clearly expresses such an intention, Hill v. Dobrowolski, 125 N.H. 572, 575 (1984), the statute at issue here, reinforced by the legislative history, clearly expresses the legislature’s intent to replace the legal standard we established in Perreault . 2007Although we will not construe a statute as abrogating the common law unless the statute clearly expresses such an intention, Hill v. Dobrowolski, 125 N.H. 572, 575 (1984), the statute at issue here, reinforced by the legislative history, clearly expresses the legislature’s intent to replace the legal standard we established in Perreault .	1	1
In re Huntgreen nh · 2001 · cited in 1 New Hampshire opinions naming this issue, 2007–2007 2 sentences 2007See In the Matter of Hunt and Hunt, 146 N.H. 65, 66-67 (2001). 2007See In the Matter of Hunt and Hunt, 146 N.H. 65, 66-67 (2001).	1	1
Webb v. Knudsongreen nh · 1990 · cited in 1 New Hampshire opinions naming this issue, 2005–2005 2 sentences 2005Webb, 133 N.H. at 673 . 2005Webb, 133 N.H. at 673 .	1	1
Richards v. Richardsgreen nh · 1984 · cited in 1 New Hampshire opinions naming this issue, 1986–1986 2 sentences 1986The rationale underlying the Perreault standard is “concern for the welfare of the child and the recognition of the importance of stable family relationships to the healthy psychological development of children.” Richards v. Richards, 125 N.H. 331, 333 , 480 A.2d 155, 157 (1984). 1986The rationale underlying the Perreault standard is “concern for the welfare of the child and the recognition of the importance of stable family relationships to the healthy psychological development of children.” Richards v. Richards, 125 N.H. 331, 333 , 480 A.2d 155, 157 (1984).	1	1
Del Pozzo v. Del Pozzogreen nh · 1973 · cited in 1 New Hampshire opinions naming this issue, 1983–1983 2 sentences 1983See Del Pozzo, v. Del Pozzo, 113 N.H. 436 , 309 A.2d 151 (1973). 1983See Del Pozzo, v. Del Pozzo, 113 N.H. 436 , 309 A.2d 151 (1973).	1	1
Heinze v. Heinzegreen nh · 1982 · cited in 1 New Hampshire opinions naming this issue, 1982–1982 2 sentences 1982Because the narrative of the master’s report found facts that were consistent with the Perreault standard, see Heinze v. Heinze, 122 N.H. 358, 362 , 444 A.2d 559, 562 (1982); R. 1982Because the narrative of the master’s report found facts that were consistent with the Perreault standard, see Heinze v. Heinze, 122 N.H. 358, 362 , 444 A.2d 559, 562 (1982); R.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway.

Also cited on this issue (5)

Case	Cited	Years
Perreault v. Cook green nh · 1974 2 sentences 1990Although an award of custody is always subject to modification, the law in this State is clear: a child custody decree should not be disturbed “unless the moving party demonstrates that the circumstances affecting the welfare of the child have been so greatly altered that there is a strong possibility the child will be harmed if he continues to live under the present arrangement.” Perreault v. Cook, 114 N.H. at 443 , 322 A.2d at 612 . 1990Although an award of custody is always subject to modification, the law in this State is clear: a child custody decree should not be disturbed “unless the moving party demonstrates that the circumstances affecting the welfare of the child have been so greatly altered that there is a strong possibility the child will be harmed if he continues to live under the present arrangement.” Perreault v. Cook, 114 N.H. at 443 , 322 A.2d at 612 .	4	1981–1990
Butterick v. Butterick green nh · 1986 2 sentences 1987In Butterick v. Butterick, supra at 734-35, 506 A.2d at 337 -38 in order to best serve the interest of a mature child, we modified the Perreault standard for transfer of custody by allowing the trial court to consider the wishes of such a child. 1987In Butterick v. Butterick, supra at 734-35, 506 A.2d at 337 -38 in order to best serve the interest of a mature child, we modified the Perreault standard for transfer of custody by allowing the trial court to consider the wishes of such a child.	1	1987–1987
Taylor v. Taylor green nh · 1967 2 sentences 1986Cf. Taylor v. Taylor, 108 N.H. 193 , 230 A.2d 737 (1967) (supplemental agreement by parties modifying alimony award was not binding on the court). 1986Cf. Taylor v. Taylor, 108 N.H. 193 , 230 A.2d 737 (1967) (supplemental agreement by parties modifying alimony award was not binding on the court).	1	1986–1986
Sanborn v. Sanborn green nh · 1983 2 sentences 1984In Sanborn v. Sanborn, 123 N.H. 740 , 465 A.2d 888 (1983), however, we held that the Perreault standard did not apply to a request to modify a custody order only to the extent of granting joint legal custody to the parties, without disturbing the existing physical custody award. 1984In Sanborn v. Sanborn, 123 N.H. 740 , 465 A.2d 888 (1983), however, we held that the Perreault standard did not apply to a request to modify a custody order only to the extent of granting joint legal custody to the parties, without disturbing the existing physical custody award.	1	1984–1984
Hille v. Hille green nh · 1976 2 sentences 1978It is true that the court stated that it arrived at its custody decision by following “the tenets of law set forth” in Perreault and in Hille v. Hille, 116 N.H. 109 , 352 A.2d 703 (1976). 1978It is true that the court stated that it arrived at its custody decision by following “the tenets of law set forth” in Perreault and in Hille v. Hille, 116 N.H. 109 , 352 A.2d 703 (1976).	1	1978–1978

Statutes the citing opinions construe

NH § N.H. Rev. Stat. Ann. § 458:17 (5) NH § N.H. Rev. Stat. Ann. § 463:14 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NH 11 (1978–2007) FL 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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