It really comes down to what do you mean by remove to another state and the issue is why? For example, if a parent takes the children to the Philadelphia Zoo, from where we are here in Atlanta County, that is removing the children to another state but that’s really not actionable. I mean, it’s not unreasonable to take your children to the zoo for the day. However, if you mean to remove the children to another state without the parent’s consent or a court order, that is different.
For example, from time to time a parent will announce that they are moving to another state, they’re moving to South Carolina, they’re going to move to Pennsylvania or what have you, and they don’t have the consent of the other parent, nor do they have a court order. That’s different. That consent by the other parent should be in writing, in a very formal agreement such as notarized, signed by counsel so that nobody can say, “well, they said I can move.” It can’t just be an email. It has to be a written agreement.
By statute, here in New Jersey, a parent cannot remove a New Jersey resident child from the state of New Jersey, without the consent of the other parent, and if a parent does that, I go to court on an emergent application.
New Jersey attorney Cynthia Ann Brassington is certified by the Supreme Court of New Jersey as a Matrimonial Law Attorney, and regularly helps people to resolve their divorce-related issues, from property division, to child support, and custody. To learn more about Cynthia and her practice visit www.LinwoodFamilyLaw.com.