The Connection Bernards-Ridge Edition Dec 2017/Jan 2018

Jeralyn L. Lawrence

jllawrence@nmmlaw.com

400 Crossing Boulevard . 8th Floor

Bridgewater, NJ 08807

t: 908-252-4278 • f: 908-722-0755

www.nmmlaw.com

On August 8, 2017, the law governing a par-

ent’s ability to move with their child out of

New Jersey changed dramatically. New Jersey

joined 42 other states in our country that view

this issue as one that focuses on the best

interests of the child. This is a marked change

from the previous law, which essentially pre-

sumed the custodial parent would be able to

relocate with the child.

The social sciences underpinning the old law

suggested that a happy custodial parent led

to a happy child, so if the move made the cus-

todial parent happy, then the child would be

happy too. More recently, both studies and

common sense have shown this is not the

case when children have two active, involved,

and loving parents.

Now, the law has shifted the focus to where

it should be – on the child. Factors a court

should consider in analyzing the best interest

of a child when considering a parent’s request

to move from New Jersey are:

• the parents’ ability to agree, communicate

and cooperate in matters relating to the

child;

• the parents’ willingness to accept custody

and any history of unwillingness to allow

parenting time not based on substantiated

abuse;

• the interaction and relationship of the child

with its parents and siblings;

• the history of domestic violence, if any;

• the safety of the child and the safety of

either parent from physical abuse by the

other parent;

• the preference of the child when of suffi-

cient age and capacity to form an intelli-

gent decision;

• the needs of the child;

• the stability of the home environment offered;

• the quality and continuity of the child’s

education;

• the fitness of the parents;

• the geographical proximity of the parents’

homes;

• the extent and quality of the time spent

with the child prior to or subsequent to the

separation;

• the parents’ employment responsibilities;

and

• the age and number of the children.

Additional factors, suggested for the court to

consider are:

• Reasons for seeking or opposing relocation;

• The right of the child separated from one

parent to maintain personal relations and

direct contact with both parents on a reg-

ular basis in a manner consistent with the

child’s development, except if the contact

is contrary to the child’s best interests;

• Pre-existing custody and parenting time

determinations;

• The history of the family and particularly

the continuity and quality of past and cur-

rent care and contact arrangements,

including any prior relocation;

• The impact of granting or refusing the

child’s relocation, paying particular atten-

tion to the child’s extended family, educa-

tion and social life;

• The nature of the inter-parental relation-

ships and the commitment of the applicant

to support and facilitate the child’s rela-

tionship with the stay-behind parent after

relocation;

• Whether the parties’ proposals for parent-

ing time after relocation are realistic, pay-

ing particular attention to the cost to the

family and burden to the child;

• The enforceability of parenting time provi-

sions ordered as conditions of relocation in

the state of destination;

• The issues of mobility for family members,

both seeking and opposing relocation;

• The economic impact of relocation on both

parents;

• Any special medical, mental, or education-

al needs of the child and the likelihood

that those needs can be met at the same

or better level in the state of destination

than in the State of New Jersey; and

• Any other factor the court may deem rele-

vant under the circumstances.

When I served as Chair of the Family Law Sec-

tion of the New Jersey State Bar Association, we

studied this issue exhaustively and drafted a

statute which incorporated this best interest

standard, and it was slowly making its way

through the legislature. Thankfully, the judiciary,

specifically the New Jersey Supreme Court,

acted first to address this very important issue.

Relocation/removal cases are some of the most

difficult and heart wrenching of all. This change

in the law is welcome, and will hopefully reduce

the strife and stress in children’s lives.

THE LAW ON

REMOVING A CHILD FROM

NEW JERSEY HAS CHANGED

By: Jeralyn L. Lawrence, Esq.

Norris McLaughlin & Marcus, P.A.

www.theconnectionsnj.com