How Does a Parent Relocate Out of New Jersey with a Child?

One of the most contentious issues post-divorce is a post-judgment application where one parent seeks to move out of New Jersey with a child under 18 years of age. In such situations, courts must make the difficult decision of whether to allow the removal, and this decision can only be reached after a trial or plenary hearing.

From 2001 to August 2017, the case that controlled the criteria for relocation decisions was Baures v. Lewis. Under the prior Baures standard, the parent seeking to remove the child from New Jersey had to demonstrate a “good-faith” reason for the move, and that he move would not be “inimical” to the child’s interests.

What Are the Best Interests of a Child?

In August 2017, the Supreme Court of New Jersey changed the relocation standard in the case of Bisbing v. Bisbing and overruled the prior Baures criteria. The Supreme Court stated that the parent seeking relocation, whether he or she was the child’s Parent of Primary Residence (PPR) or not, had to demonstrate that the move was in the child’s “best interests.”

In support of that, the moving parent had to rely on the factors of the primary custody statute in New Jersey, and each of those factors was to be analyzed by the trial court.

What Happens During a Relocation Hearing?

During a plenary hearing on relocation, the trial court can hear testimony from any experts hired by the parties, or a joint custody expert, and has the discretion to interview the child. If the court chooses to interview the child during the trial, this decision is supposed to be made before the start of the trial according to the applicable court rules.

Even if the child expresses a clear preference for living with the parent seeking the removal over the other parent, that is just one factor to be considered by the trial court in its ultimate relocation decision. Since the Bisbing decision, trial courts have struggled with how to apply the “best interests” standard, and there have not been many cases from the appellate courts to guide trial attorneys.

Relocation cases remain some of the most complex, intensive, and time-consuming family law matters in New Jersey, and require strong legal experience and support.

Contact us for more information if you or your spouse are planning to move out of New Jersey with a child under 18.