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Removal Of Children From the State Of New Jersey

Against The Wishes Of The Other Parent

Dateline: January 11, 2002

Economic factors and social change have made it not at all uncommon for an adult to move from State to State several times within a lifetime for enhanced employment or other opportunities. Statistics show that within 4 years of separation or a divorce over 25% of mothers with custody of their children move to a new location because of remarriage or new employment. The question of relocation of the children with a custodial parent is difficult particularly when the non-custodial parent objects to such relocation. Commonly, divorced parents will need to seek judicial intervention to resolve their differences regarding child relocation. Over the years, the courts of the State of New Jersey when confronted with such situations have struggled to balance the interests of the parents and the interests of the children.

Recently, the New Jersey Supreme Court in addressing such a situation stated as follows:

“A mere change, even in a reduction of a non-custodial parent’s visitation is not an independent basis to deny removal… Where visitation is an issue, to defeat the custodial parents proofs, the burden is on the non-custodial parent to produce evidence, not just that visitation would change, but the change would effect the child’s life negatively”

New Jersey’s Supreme Court has now set guidelines for the courts of the State of New Jersey as to whether or not the custodial parent should be allowed to remove a child from the State of New Jersey over the objections of the other parent. Factors the courts must review are as follows:

1. The reasons for the move;

2. The reasons given for the opposition to the move;

3. The parties past history;

4. Whether the child will receive education, health and leisure opportunities at lease equal to what is available in New Jersey;

5. Any special needs or talents of the child that require accommodations;

6. Whether visitation and communication schedule can be developed that will allow the non-custodial parent to maintain full and continuous relationship with the child;

7. The likelihood that a custodial parent will continue to foster the child’s relationship with the non-custodial parent;

8. The effect of the move on the extended family relationships in New Jersey and in the new location;

9. If the child is of age, the child’s preference;

10. Whether the child is at a point of schooling, such as a senior year of high school where the child should or should not be moved;

11. Whether the non-custodial parent has the ability to relocate;

12. Any other factor bearing on the child’s interest.

If the non-custodial parent objects to removal of the children from the State of New Jersey the parent seeking the move must obtain court approval to permit such a move. Further, in the event that a move is announced, the non-custodial parent, if he/she objects to the proposed move, should immediately seek court intervention barring removal of the child from the State of New Jersey until final court determination of that question. A parent seeking to remove the children from New Jersey or to seeking to block such a removal of the children should immediately consult with competent legal counsel. A parent considering removal of the children from the State should bear in mind that if the move is opposed by the other parent it may take a considerable period of time for the question to be resolved by the courts.

This Article is a service of the Family Law Practice Area of Fein, Such, Kahn & Shepard, P.C. It does not constitute legal advice nor create an attorney-client relationship. For more information contact either James E. Shepard at jshepard@feinsuch.com or Brian W. Kincaid at bkincaid@feinsuch.com.

© 2002, Fein, Such, Kahn & Shepard, P.C., all rights reserved. Permission is granted to reproduce and redistribute this article so long as (i) the entire article, including all headings and the copyright notice are included in the reproduction, and (ii) no fee or other charge is imposed.