Relocation Attorney

What Parents Need to Know About Child Relocation in New Jersey

A parent's desire to move, whether for a new job, to be closer to family, or for a fresh start, collides directly with the other parent's right to maintain a close relationship with the children. New Jersey has one of the most developed bodies of relocation law in the country. Whether you are the parent who wants to move or the parent who wants to stay, the outcome will reshape your family's life. At Raghnal Burroughs, our attorneys handle relocation matters with the preparation and strategic focus these high-stakes cases demand.

When Is Court Approval Required?

Under N.J.S.A. 9:2-2, when parents are divorced or separated and share a child, neither parent may permanently remove the child from New Jersey without either the written consent of the other parent or court approval. This statute applies regardless of which parent holds primary residential custody.

Attempting to relocate without complying with N.J.S.A. 9:2-2 can result in severe consequences: the court may order the child returned to New Jersey, find the relocating parent in contempt, and use the unauthorized move as a negative factor in a subsequent custody modification.

The Baures v. Lewis Standard for Relocation

The governing legal standard for contested relocation cases is set out in Baures v. Lewis, 167 N.J. 91 (2001), a landmark New Jersey Supreme Court decision. Under Baures, a custodial parent seeking to relocate must establish:

1. A good faith reason for the move: the relocation must not be motivated by a desire to deprive the other parent of parenting time; and
2. That the move will not be inimical to the child's interests: the relocating parent must demonstrate that a reasonable, revised parenting plan can preserve the non-relocating parent's relationship.

If the relocating parent establishes these threshold elements, the court then weighs twelve specific Baures factors:

1. The reasons given for the move
2. The reasons given for the opposition
3. The past history of dealings between the parents
4. Whether the children will receive equal educational, health, and leisure opportunities
5. Any special needs or talents of the children
6. Whether a visitation and communication schedule can preserve the non-custodial parent's relationship
7. The likelihood the custodial parent will foster the children's relationship with the non-custodial parent
8. The effect of the move on extended family relationships
9. The children's preference, if of appropriate age
10. Whether the children are entering their senior year of high school
11. Whether the non-custodial parent has the ability to relocate
12. Any other factor bearing on the child's interest

Burden of Proof in Relocation Cases

Under Baures, the initial burden rests on the relocating parent to make a prima facie showing of good faith and no harm to the child. Once that showing is made, the burden shifts to the opposing parent to demonstrate that the relocation would be harmful or not in the child's best interests.

This burden-shifting framework means both sides must present affirmative evidence. Our attorneys help relocating parents build thorough presentations and help opposing parents construct compelling cases that the move is contrary to the child's welfare.

What a Revised Parenting Plan Must Address

Courts require a concrete, realistic proposed parenting plan that preserves the non-relocating parent's relationship. A well-crafted relocation parenting plan addresses:

• Extended summer parenting time with the non-relocating parent (often six to eight weeks)
• Alternating major school breaks (winter break, spring break)
• All or most long weekend holidays with the non-relocating parent
• Regular video and telephone contact schedules
• Allocation of travel costs between the parents
• Make-up time provisions if a scheduled visit cannot occur
• How school and extracurricular scheduling will be coordinated across distance

For more on how parenting time schedules work, visit our Parenting Time page.

Opposing a Relocation Request

If your co-parent has informed you they intend to relocate with your children, time is critical. A parent who waits too long may appear to have acquiesced to the move. Our attorneys move quickly to:

• File an immediate application to prevent relocation pending full proceedings
• Gather evidence bearing on the Baures factors
• Retain experts where the relocating parent's reasons are disputed
• Identify weaknesses in the proposed revised parenting plan
• Present evidence of your existing relationship with the children

Courts look favorably on non-relocating parents who propose creative counter-arrangements, such as a custody flip where the non-relocating parent becomes the primary residential parent. For background on custody designations, visit our Child Custody page.

Interstate and International Considerations

International relocation cases are especially complex. If you have concern that a co-parent may take your child out of the country without authorization, we can seek emergency relief, including surrender of the child's passport.

For domestic interstate moves, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state's courts have jurisdiction. Our attorneys navigate UCCJEA questions when relocations cross state lines.

Frequently Asked Questions About Relocation

Can I move out of state with my child without the other parent's permission?

Generally, no. Under N.J.S.A. 9:2-2, a parent may not permanently remove a child from New Jersey without either written consent or a court order. Relocating without complying can result in the child being ordered returned, a contempt finding, and significant negative consequences in future custody proceedings. If you are planning a move, consult with an attorney first.

What does the court consider when deciding a relocation case?

New Jersey courts apply the Baures v. Lewis standard. The relocating parent must demonstrate a good faith reason for the move and that the move will not harm the child. The court then weighs twelve specific factors, including educational opportunities, the feasibility of a revised parenting plan, the likelihood the relocating parent will foster the relationship with the other parent, the child's preference, and other factors bearing on the child's best interests.

Contact Our Relocation Attorneys

Relocation cases move quickly and the stakes, your ongoing relationship with your child, could not be higher. At Raghnal Burroughs, our attorneys bring rigorous preparation and strategic advocacy to every relocation matter. We serve clients throughout New Jersey from our Livingston office.

Call us at (908) 941-9319 as soon as relocation becomes an issue in your family's situation. Early action gives us the most opportunity to protect your interests.