Once a divorce is completed, many clients are ready to establish a new life and move on from the divorce process. One way people try to begin a new is to establish a new residence. Sometimes they want this new home to be outside of New Jersey. If there are children involved, moving outside the borders of New Jersey is not as easy as they may want it to be if you are the parent of primary residence.
What does your settlement agreement of trial decision say about relocation?
If your divorce is finalized, the starting point to see if you can relocate outside of New Jersey is to review your settlement agreement or trial decision. Are you the parent of primary residence? If so, what is the parenting time for the other parent? Does the Agreement or trial decision grant permission to relocate. The answers to these questions will greatly impact your ability to relocate.
Restrictions on the Parent of Primary Residence
New Jersey law recognizes the importance of both parents participating in the life of their child. This is way their are restrictions on the ability of the parent designated the Parent of Primary Residence to move. Sometimes the right to move is agreed to or permitted in the settlement agreement or court order. If it is, then you may relocate. Otherwise, there are certain steps that must be taken.
If the out of state move has not been already endorsed, then you and the children cannot move without: (1) the consent of the other party, or (2) a court order permitting the move. If you have the consent of the other parent, it is advisable to get their consent in writing.
What if the other parent will not consent?
If you can’t obtain the consent of the other parent you will need to file a post-judgment motion and address the factors setforth in the case of Baures v. Lewis. One of those factors is the impact the move will have on the parenting time of the parent remaining in NJ. The parent seeking to relocate must provide a plan to maintain, as reasonably as possible, the parenting time of the other parent.
The reasons for the move will also be scrutinized. Is the move necessary to take advantage of a new and better job opportunity? Does it bring the party closer to family? Is the move not contrary to the best interests of the child?
Resolving a relocation case can take time. Therefore, it is adviseable to start the conversation with the other parent as soon as possible and begin court proceedings as early as deemed necessary. The legal criteria can be confusing. Working with an attoreny who is focused on family law can be a benfit in these situations.
