The New Jersey Family Law Executive Committee has voted [36-0-1] to support a legislative bill, with high priority, that would allow a child to remain enrolled in her/his school district until the end of the school year, if divorce is the cause of an involuntary relocation. See also N.J.S.A. 18a:38-1(a) and N.J.A.C. 6A:22-3.1. March 12, 2008
The New Jersey divorce judge authorized the father to relocate to Florida with 2 of the parties' 4 adopted children, with the mother to have daily contact with the relocated children through the Internet and by telephone, and visitation during the summer and holidays. In her pro se appellate brief, although the mother did not raise any substantive arguments that Baures v. Lewis had been misapplied, the Appellate Division nevertheless conducted an independent review and ruled the father had ample "good faith reasons" for the Florida move. It was not "inimical" to the best interests of the children. D.A. v. S.J.-A., New Jersey App. Div., August 6, 2007
The ex-wife's appeal from the New Jersey divorce judge's custody determination was properly dismissed as time-barred. When the order was entered --- denying her request to relocate to New York with the parties' daughter and noting that, if she did so, the father would get custody of the child --- she did not appeal and moved anyway. Even in response to the father's limitations-based opposition to her current motion, she made no attempt to explain her delay. If there is evidence that the current custody situation is no longer in the best interests of the child, then the mother is free to seek modification of the order. Bazin v. Stoll, etc., New Jersey App. Div, July 27, 2007
After the parties' New Jersey divorce, the father consented to the mother's relocation from New Jersey to South Carolina with the parties' son. The parties signed an written agreement that set forth the father's parenting time and the transportation arrangements. However, the New Jersey divorce judge directed the father would have additional parenting time every fifth weekend and that the mother was solely responsible for transporting the son to and from New Jersey. Although the judge found it would be in the son's best interests "to spend more regularly scheduled time" with the father, the parenting schedule and transportation arrangements to which the parties had agreed should not have been modified based solely on their disputed allegations. King v. King, New Jersey App. Div., July 19, 2007
Within 6 months of the New Jersey judgment of divorce, the ex-wife sought to remove the minor children to Pennsylvania and to sell the former marital home. The New Jersey divorce judge denied the applications, holding she failed to prove the move was in the children's best interest, and failed to establish sufficient reasons to modify the joint custodial arrangement. The judge also found that the ex-wife's application to sell the marital home was unfair to the ex-husband, in that it made as much sense for her to move out, and for him to move in, as any other arrangement. These decisions are affirmed. Specian v. Specian, New Jersey App. Div., June 26, 2007
The New Jersey Supreme Court considers whether the mother should be permitted to relocate to Japan with the parties' child, against the wishes of the father and after their New Jersey divorce. Concluding that the Baures factors apply in the context of an international removal and that the trial court properly applied those factors to the present circumstances, the Court affirms the order granting the removal request. MacKinnon v. MacKinnon, ___N.J.___ (2007); New Jersey Supreme Court, June 4, 2007
The mother secretly moved with the children to New York . Although she may have had legitimate reasons for the move, having saved her money to purchase a business there, and did not intend to hurt the father and his relationship with their daughter , the remainder of the Baures factors militated in favor of denying her motion seeking approval of the relocation, including the child's distance from her father, step-mother, and extended family on both sides; her slipping grades in New York; and the detriment and potential danger of residing in an apartment over a liquor store, the store in which plaintiff had an ownership interest. The New Jersey divorce judge also ruled it was unlikely the mother would foster the child's relationship with her father if the move became permanent : she had already discouraged defendant's parenting time even before the move, and required the child to conceal the move from her father while it was pending. Davis, etc. v. Davis, App. Div., June 2, 2007
After reviewing the court-appointed independent expert's recommendation and conducting an eight-day trial on the issue, the New Jersey divorce judge did not err in permitting the mother to relocate to Japan with the parties' child. The mother, originally from Japan, testified she has no family in this country, but her entire family and all of her friends were still in Japan, and could help her with child care for her young daughter. Moreover, she had better job prospects in Japan, her daughter could attend a good school of which her own father was principal, and she offered a reasonable plan for the father's exercise of parenting time. Mackinnon v. Mackinnon, New Jersey App. Div., February 27, 2007
The New Jersey divorce judge correctly ruled that the mother violated prior court orders granting parenting time to the father. She removed the parties' son from New Jersey without consent or a court order. Accordingly, the following sanctions imposed on her are affirmed : the award to the father of compensatory parenting time over the Thanksgiving and Christmas holidays, payment by the mother of the child's round trip plane tickets back and forth to California; six weeks of parenting time over the summer, and cooperation with "liberal telephone contact" at least once per week, along with e-mail contact. Calloway v. Freeman, New Jersey App. Div., November 29, 2006
After the parties' New Jersey divorce, the trial court erred by deciding both the ex-husband's motion -- seeking a change of child residential custody -- and the ex-wife's motion -- seeking several forms of relief, primarily permission to relocate with the parties' unemancipated child to Florida -- without conducting a plenary hearing. Camooso v. Vargas, New Jersey App. Div., August 4, 2006
