Removal of Children from N.J.

1. Child Removal: A Matrimonial Litigator’s Checklist, by Charles C. Abut, Esq.



2. Law Lessons from Vetri v. Vetri (App. Div., A-480-04T5, November 28, 2005, not approved for publication):
   
   Factors enumerated in Baures v. Lewis, 167 N.J. 91, 116-117 (2001) are to be considered when a residential custodial parent seeks to move outside the State.
   
   In Schulze v. Morris, 361 N.J. Super. 419, 426 (App. Div. 2003), the court concluded that the relocation within the State by a joint residential custodial parent does not constitute a removal action pursuant to N.J.S.A. 9:2-2, requiring approval for the proposed relocation. Instead, relocation to another in-state location "may constitute a substantial change in circumstances warranting modification of the custodial and parenting-time arrangement." Schulze, supra, 361 N.J. Super. at 426. Thus, approval is not needed to move to another part of the state. However, where such a move has a significant impact upon the relationship between the child and the non-residential custodial parent such that it is harmful or inimical to the child's best interest, the Baures factors should be considered in determining whether modification of the custodial and parenting-time arrangement is warranted.



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