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May 2008

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NEW JERSEY IN-STATE DIVORCE RELOCATION

Images11_1 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 positionOrrico v. Orrico, New Jersey App. Div., February 24, 2006

NEW JERSEY DIVORCE RELOCATION

Images12 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.