Are you seeking to move out of New Jersey with the children, but your ex-spouse will not allow the move? Or, are you seeking to prohibit your ex-spouse from moving out of New Jersey with the children? In New Jersey, if the non-custodial parent does not consent to the move, the custodial parent must obtain a Court Order allowing the move.
The current prevailing case on this matter when the parties do not have a shared parenting arrangement is Baures v. Lewis, 167 N.J. 91 (2001). The custodial parent seeking to move must first make a prima facie showing that the move is in good faith and will not be detrimental to the child. After the moving party has produced sufficient evidence to make this prima facie showing, the non-custodial parent contesting the move has the burden of showing that the move is not in good faith or is detrimental to the child.
The Supreme Court listed the following factors relevant to the analysis of whether the move is in good faith and will not be inimical to the child:
The reasons given for the move;
This standard does not apply to true shared residential parenting arrangements. When the parties have a shared parenting arrangement, the standard that applies, which will be posted in a future blog on this website, is changed circumstances and best interest of the child.
Victoria Veni, Esq., (formerly Victoria Emanuele) has successfully represented parents defending against removal applications and in obtaining removal of the children. For a free consultation, please contact her at email@example.com or 732-363-0666.
Bathgate, Wegener & Wolf