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Motions for Relocation and What You Need to Know

Jan 28, 2015 @ 05:15 PM — by Michael Green

 If you are seeking to relocate with your child out of the State or if the parent of primary residence is seeking to relocate, you may be facing the filing of a motion for relocation. In New Jersey, both parents of a child must consent to the relocation or a Court must order the relocation in order for a child to be relocated outside the State of New Jersey.

Upon the filing of a motion for relocation, the Court will consider the status quo of the parties as to custody and parenting time and who is the parent of primary residence.

If a parent is the parent of primary residence, they will have to show good cause for the relocation, which may include a position of employment or family located in the area of relocation. A Court may consider ordering a plenary hearing, a trial where evidence is submitted and testimony is taken, to determine whether or not to allow the relocation.