Court: Audio of Harmony Montgomery’s custody hearing can be released

The highest court in Massachusetts ruled Wednesday that audio recordings can be released from the custody hearing of a 5-year-old New Hampshire girl who vanished in 2019 after being placed in her father’s care.

The girl’s father, Adam Montgomery, was found guilty in her death last year and sentenced to 56 years in prison on murder and other charges. Police believe Harmony Montgomery was killed nearly two years before she was reported missing in 2021. Her body was never found.

An independent review in 2022 found the Massachusetts child protection system failed to prioritize the girl’s needs. Harmony Montgomery suffered from a ripple effect of “miscalculations of risk and unequal weight placed on parents’ rights versus a child’s wellbeing,” said Maria Mossaides, head of Massachusetts’ Office of the Child Advocate.

Harmony Montgomery wasn’t made a priority in her own legal case, the report said, with neither the judge nor the attorneys putting her medical, behavioral and educational needs or safety at the forefront of custody discussions. The report also said they did not enforce requirements that govern the placement of children from one state into another.

A filmmaker, with the support of several media outlets including The Associated Press, sued to gain access to recordings of the closed-door custody hearing to better understand how Adam Montgomery got custody of his daughter, despite having a long criminal record.

Normally, family court hearings are sealed due to privacy concerns.