What happens if your ex wants to move your child to another state and you do not consent? Or what if you remarry someone whose career cannot realistically be relocated to New Jersey, but your ex refuses to let the children move with you? Do the children go? Or do they remain in New Jersey?
These are difficult questions. The answer depends on what a New Jersey Family Court judge determines is in the children’s best interests.
Under New Jersey law, a parent generally cannot permanently remove a child from the state without:
This rule applies even when one parent has primary residential custody.
If the other parent objects, do not move first and ask for permission later. Leaving without the required consent or court approval can result in serious legal consequences, including an order requiring the child’s immediate return.
If both parents agree to the relocation, the agreement should be put in writing.
A complete relocation agreement should address:
A handshake agreement is not enough when your relationship with your children is at stake. The terms should be detailed and incorporated into a court order.
If the parents cannot agree, the parent seeking to relocate must apply to the court for permission. The parent opposing the move will then have an opportunity to explain why the relocation should be denied.
If important facts are disputed, the case may require a hearing or trial. Both parents can present testimony, documents, proposed parenting plans, and, when appropriate, expert evidence. The judge then decides whether allowing the child to move would be in the child’s best interests.
For many years, New Jersey made it easier for a parent with primary custody to relocate.
Under the former standard, the relocating parent generally had to show a good-faith reason for the move and that the relocation would not be harmful to the child’s interests. That changed in 2017 when the New Jersey Supreme Court decided Bisbing v. Bisbing.
Today, courts use the more demanding best-interests-of-the-child standard in contested relocation cases. The focus is no longer primarily on whether the move would benefit the relocating parent. The central question is: Would moving out of New Jersey be in this particular child’s best interests?
A judge may examine many facts, including:
No single factor automatically decides the case. A judge must examine the full situation and determine which arrangement will best protect the child’s stability, safety, relationships, and long-term well-being.
You will need more than a general statement that the move will create a better life.
Prepare specific information about:
You should also be prepared to explain how you will preserve the child’s relationship with the parent remaining in New Jersey. The more complete and child-focused your proposal is, the more seriously it is likely to be considered.
Simply saying that you do not want your child to leave New Jersey is unlikely to be enough.
You should be prepared to show:
An objection should focus on the child, not anger toward the other parent.
A parent does not have an automatic right to move a child out of New Jersey. When the parents disagree, a Family Court judge must decide whether the relocation is in the child’s best interests.
If the judge concludes that moving is best for the child, the move may be permitted. If the judge concludes that remaining in New Jersey is best, the request may be denied.
The rule may sound simple. Proving what is actually best for a child can be anything but simple. If relocation may become an issue in your case, get legal advice before making plans, signing a lease, accepting a job, or leaving New Jersey with your child.
Until next time,
Steve