How Relocating and Distance Affect Child Custody in New Jersey

Often divorce means a couple is moving on with their lives. And sometimes it can literally mean moving – for the individual parents and the child(ren). How does relocating and distance affect child custody in the wake of a divorce? Here’s what New Jersey law has to say.

Removal of Children from the State of New Jersey

Children who are natives of New Jersey or who have lived in New Jersey for five years may not be removed from the jurisdiction without the consent of each parent, or an appropriate Court Order. These laws apply to separated or divorcing parents.

Until recently, the law favored giving a custodial parent the right to relocate, so long as there was a good faith basis for seeking relocation and the move would not harm the child. This two-part test was set forth in Baures v. Lewis, 167 N.J. 91 (2001). The Court reversed itself it Bisbing v. Bisbing, 230 N.J. 309 (2017) and held that relocation applications must be determined under a best interest standard and requires an analysis of the factors set forth in N.J.S.A. 9:2-4.

Interference with Custody/Wrongful Removal

The Code of Criminal Justice provides criminal sanctions for unlawfully removing a child from the State.  N.J.S.A. 2C:13-4. Interference of custody is a crime of the third degree. If the child is taken, detained, enticed or concealed outside the United States, interference with custody is a crime of the second degree. A crime of the third degree may lead to imprisonment for three to five years and/or a fine of $7,500. A crime of the second degree carries a specific term of incarceration from between five and ten years and/or a fine of up to $1,000,000.

Uniform Child Custody Jurisdiction and Enforcement Act

This Uniform Act was adopted by New Jersey in 2004 and replaced the Uniform Child Custody Jurisdiction Act, which was first enacted in 1979 to ease jurisdictional custody disputes. Its purpose is to avoid forum shopping and interstate custody conflicts and to foster cooperation among the states. The Act is designed to grant custody jurisdiction initially to the home state unless the home state declines jurisdiction in which event the courts of both states consider the other independent jurisdictional criteria.

The Hague Convention

The Hague Convention is a civil law mechanism available for left-behind parents to seek the return of a child from a foreign country. The countries who are party to a treaty agree that a child who has been removed to or retained in another country in violation of the left-behind parent’s rights shall be promptly returned to the country of habitual residence. However, an application to return the child must be made within one year of the abduction.

The Court in a country where the child was taken may refuse to order a child returned if there is:

1. A grave risk that the child would be exposed to physical or psychological harm or otherwise placed in an intolerable situation in his/her country of habitual residence.
2. If the child objects to being returned and has reached an age and degree of maturity at which the Court can take account of the child’s view.
3. If the return of the child would violate fundamental principles of human rights and freedoms of the country where the child is being held.

The laws surrounding the relocation of children after a divorce are complex, but having a family law attorney on your side will ease stress and make sure you get the results that are right for you and your child. Contact us for a free consultation here.