In New Jersey, and pursuant to N.J.S.A. 9:2-2, children may not be removed out of New Jersey without the consent of both parents, unless the court, upon cause shown, shall otherwise order. This means that you must either have the other parent's permission to relocate from NJ with the child or from the court.  Therefore, the next question is if the other parent does not agree, how easy it to get the Court’s permission?  

            Up until 2017, it was relatively easy to relocate with your children if you were the parent of primary residence as there was a strong belief and supporting research for the belief that what was good for the custodial parent was good for the child as well.  The parent that sought to relocate simply had to show that 1) they had a legitimate reason for the move, and 2) that the move will not adversary affect the child(ren).   Baures v. Lewis, 167 N.J. 91 (2001).   

This relocation landscape changed in 2017 when the NJ Supreme Court issued a decision in the matter of Bisbing v. Bisbing, 230 N.J. 309 (2017).   Rather than a focus on what was best for the parent is best for the child, the Court held that the standard is what is in the children’s best interest.  Therefore, it was and is no longer enough to show that the children will not be adversely affected by the move, but whether the move is in their best interest which is a much higher standard and more difficult burden to prove.  Notably, this standard applies in all cases where the parties have joint legal custody regardless of what parent is designated as parent of primary residence.   In essence, it is very difficult to show a court that it is in the children’s best interest to move away from a parent whom they have a continuous relationship with and who is involved in their life in New Jersey.  

Relocation cases take a significant amount of work and preparation and come at a significant expense to litigants. They generally require an expert and months of litigation to conclude and in my experience are truly one of the most expensive aspects of divorce or post-divorce custody litigation.   Therefore, to ensure my client’s desiring to relocate can adequately assess their move and the expense vs. the challenges they face, I provide client’s with a packet to complete with as much back up documentation as possible and inclusive of a parenting time proposal for the other parent if they are permitted to move.  This provides me as well as the potential client with as much information as possible to assess the case as a whole including their chances of success, and this also ensures realistic expectations throughout the process to the degree possible.   

Overall, relocation matters are incredibly emotional and taxing on everyone involved in the absence of consent from the other parent.  They require significant detail, expert testimony, and an experienced lawyer to ensure that all pieces are in place before filing such an application with the Court so that your application is not denied immediately which is very difficult to change after the fact. 

Contact Kelli M. Martone, Esq., of the Martone Law Group, LLC, if you are thinking about moving with your children out of New Jersey or if you are opposing the other parent’s move out of the State of New Jersey.  Experience matters in these difficult cases and Kelli M. Martone, Esq. has many years of handling these cases with the extreme care and attention to detail they require.  Contact Kelli at (856) 617-6700 to schedule a consultation.