New Jersey Family Law

ROSELAND ESSEX COUNTY MATRIMONIAL DIVORCE NEW JERSEY CUSTODY MEDIATION LAWYER

The mother wanted to move to Florida with the parties' children and her application was initially denied by the New Jersey divorce judge. But (a) she made out a prima facie case under Baures v. Lewis justifying her move and (b) the father did not present any evidence that her reason for moving was not made in good faith or that the move would be inimical to the children's interest. Thus, the trial court erred in placing an obligation on her to prove the children would receive greater benefits from relocating than staying in New Jersey. The decision is reversed and remanded for reconsideration.    Ramos v. Rolon, New Jersey App. Div., June 11, 2009

LEONIA BERGEN COUNTY NEW JERSEY DIVORCE LAWYER CHILD RELOCATION

Should the parties' child be permitted to continue to reside in Florida with the mother, after relocation from New Jersey? The New Jersey divorce judge rendered a written opinion concluding the child's best interests were served by remaining in Florida. The judge weighed heavily the child's success in Florida and his very close relationship with his siblings. Both experts agreed the child's relationship with his siblings was a factor to consider in a best interests determination. Finding the court appropriately balanced the potential harm to the child if he remained in Florida against any harm if he returned to New Jersey, the appellate panel affirmed.   Greer v. Kuprel, New Jersey App. Div., November 4, 2008

SPRINGFIELD UNION COUNTY NEW JERSEY DIVORCE CHILD RELOCATION

After the New Jersey divorce, the ex-wife remarried and sought to relocate to Texas with 2 of the parties' children. The judge found credible her claim the move was necessary to accommodate her new husband's employment, particularly because he was the sole wage earner and the extreme limitations on the availability of suitable employment. The relocation was approved : the proffered reason was a good faith reason and not a pretext.    Dinsmore v. Dinsmore, New Jersey App. Div., October 21, 2008

CHATHAM NEW JERSEY DIVORCE LAWYER MEDIATION

The mother moved for permission to relocate with the parties' children from New Jersey to Arizona. The New Jersey divorce judge granted the application. In this appeal, the trial court's decision is affirmed, because the standards and criteria set forth in Baures v. Lewis were satisfied. Fry v. Fry, New Jersey App. Div., September 26, 2008

HALEDON PASSAIC COUNTY NEW JERSEY DIVORCE CHILD RELOCATION

The mother wanted to move from New Jersey to North Carolina with the 3 minor children of the marriage. Her main reason was to live in North Carolina with her fiancé. But the New Jersey divorce judge noted there was no serious refutation to the concept of the fiancé relocating back to New Jersey. That factor and the father's desire to maintain his close and involved relationship with his children led to denial of the relocation application. Pursuant to Baures, relocation would have been "inimical to the child[ren]'s interests." Ryan v. Ryan, New Jersey App. Div., August 18, 2008

NEW JERSEY IN-STATE DIVORCE RELOCATION

The appellate panel reverses an order that authorized the mother to relocate with the parties' 5-year-old son from Bergen County to Manahawkin in Ocean County, a distance of more than 100 miles. The trial court entered this order without a plenary hearing and without affording the father an opportunity to present oral argument in support of his position.  Orrico v. Orrico, New Jersey App. Div., February 24, 2006

NEW JERSEY DIVORCE RELOCATION

On the plaintiff-mother's appeal, the court finds that the record in its present state is insufficient to support the judge's grant of the defendant-father's request to relocate to Puerto Rico with the children of the marriage, one of whom is autistic and multiply-disabled.  Segarra v. Soto, New Jersey App. Div., January 26, 2006

Moving On

In the new world of "The Global Village", ex-spouses are increasingly faced with the need to move out of state. Here, the ex-wife sought an order permitting her to move to Michigan with the parties' 10 year-old daughter. In the 1994 New Jersey divorce, it was agreed that she would have primary physical custody and that he would have "liberal visitation". But when her second husband found a job in Michigan after being "downsized", the Court found that the move was requested in good faith. After asking for further certifications from the parties and receiving a "lengthy, detailed certification" from the mother, relocation was permitted, without a plenary hearing, since the factors required under Baures v. Lewis had been satisfied. Sandello v. Sandello, New Jersey App. Div., March 24, 2005.