Under New Jersey law, a parent cannot remove children (born in New Jersey or who have lived here for at least five years) from the State of New Jersey permanently without the other parent’s consent or a court order. This is typically called “relocation” or “removal.” If the other parent refuses to consent to the relocation, the parent seeking to relocate must make an application to the court (a motion) seeking permission to relocate with the children. If he/she can show a good faith basis for the move and that it would not be “inimical to the best interests of the children,” the court will generally order a plenary hearing (trial) on the issues. The law relating to relocation is set forth in N.J.S.A. 9:2-2 and the seminal case relating to relocation is Bauers v. Lewis, 167 N.J. 91 (2001). Our firm has handled and defended many such relocation issues and applications over the years.
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