Court Sets Standard for Kids in Divorce-Relocation Disputes

By Lois G. Schwartz | November 8, 2017


The New Jersey Supreme Court recently reversed a decades-old law in order to set a new standard for protecting children’s interests in divorce-relocation disputes, according to a U.S. News and World Report article.

The ruling is based on a 2015 case in which a New Jersey mother sought to move to Utah with her daughters, despite their father’s opposition. The parents’ divorce decree stated that if one parent wanted to move the children out of state, that parent had to get written consent from the other parent. In this case, the father refused to provide that written consent.

The trial court allowed the move, finding that it would not harm the children. However, an appellate court reversed that decision, finding that the decision whether or not to allow the move should be based, not on whether it would cause harm, but whether it supported the best interests of the child. The Supreme Court affirmed the appellate court’s decision, agreeing that “the best interests of the child” should be the standard that governed similar applications.

Relocation situations can be difficult, but negotiating a resolution that is in your child’s best interests is often an option – if you have the assistance of an experienced family law attorney. To learn more, contact family law attorney Lois Garber Schwartz today at 856.375.8989 or via our convenient online contact form.


The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.

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