Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 (which we previously blogged on), relocation got more difficult because
Continue Reading What To Do/What Not to Do When the Other Parent Removes Children to Another StateFor decades, when a custodial parent wanted to move out of state, it would not be unusual to hear that if the court or other party won’t let me leave
Continue Reading I’m Moving With the Kids To Burlington County – Not So Fast
In what seemed like an eventual, but no less dramatic change in family law jurisprudence, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established two-part test
Continue Reading Supreme Court of New Jersey Departs from Standard Utilized in Relocation Cases
In many custody disputes, a primary area of concern is one parent’s ability to relocate with the children after the divorce is over. Relocation requests have been characterized as often
Continue Reading Appellate Division Addresses Non-Relocation Agreement in New Published Decision
The issue of relocation comes up all the time between divorced parents. One day mom calls dad and tells him that she plans on moving with the kids from Hoboken
Continue Reading RELOCATION – WHAT DOES THE CUSTODY AGREEMENT SAY?
Picture this – you just settled the issues of custody and parenting time with your former spouse, and now she suddenly wants to move with the kids to another state,
Continue Reading WHAT TO DO WHEN ONE PARENT CONCEALS A DESIRE TO RELOCATE UNTIL AFTER CUSTODY IS RESOLVED
In the newly published decision of Benjamin v. Benjamin out of the Ocean County Family Part, which has released several reported decisions within the past few years, the court held that having a guaranteed job in another state is not a mandatory prerequisite for it to approve a custodial parent’s request to relocate to another state with a child born. The court did hold, however, that the “likelihood that the custodial parent can provide the child with a financially stable household in the new state, including obtaining employment as necessary is relevant in determining whether a proposed relocation is reasonable or inimical to a child’s interests.”
On first blush, the court’s statement that the primary residential custodian has the right to seek relocation almost suggests that such a right is automatic. A closer read of the decision and its ultimate holding, however, indicates that the standard fits within the existing relocation standard.
The parties were divorced in 2008 and agreed in a settlement agreement that mom would be the child’s primary residential custodian. In 2012, mom filed an application to relocate with the child to North Carolina, which dad objected to by filing a cross motion seeking a transfer to him of residential custody. One of dad’s arguments was that mom did not have a job in North Carolina, which would inure to the child’s financial detriment.Continue Reading DOES NEW DECISION STRETCH RELOCATION STANDARD TO ITS LIMITS? NOT SO FAST…
Recently I posted about questioning whether your own attorney knows what he is doing and, as part of that question, whether the attorney knows the law surrounding your divorce or
Continue Reading Do You Know The Law Behind Your Own Case?
We have all grappled with the fact that former spouses move, and oftentimes, a residential parent wants to take the children with her or him. While we have previously discussed the
Continue Reading Where To Go When Problems Arise After The Kids Move to Another State
It is well-settled law in New Jersey that prior to the relocation of a child from the this state by a custodial parent on a permanent basis, the parent first must formally request leave from the Court. The court will then examine the move under the factors set forth in the seminal case Baures v. Lewis, which guides the court’s relocation inquiry. In Baures, the Court recognized three now-established legal principals:
1. The relocation standard is based upon a custodial parent’s right to seek happiness and fulfillment, which in turn, benefits the child.
2. Upon relocation, the non-custodial parent’s communication and exposure to the child must be sufficient to sustain that relationship.
3. Finally, the custodial parent must provide proof that the child would not suffer as a result of the move.
While Baures is proverbial gospel when it comes to relocation from the State of New Jersey, an interesting question arose in the Ocean County trial Court in McKinley v. Naters, which was approved for publication (binding opinion) on April 13, 2011. Namely, the McKinley case examined whether the court should grant a contested application for a temporary removal of a child to another state for “extended vacation purposes” prior to a formal relocation hearing under Baures?
The parties in McKinley were divorced on December 10, 2002. They share one child together, whom the Court referred to as H.M. At the time of the divorce, the parties agreed to share residential (physical) custody of H.M.Continue Reading Relocating with a Child and Taking an Extended Vacation: What Is the Standard?