Moving Out of New Jersey With a Child

The statute

N.J.S.A. 9:2-2 applies when the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents who are divorced, separated or living separate, and the children are natives of New Jersey or have resided five years within its limits. Those children shall not be removed out of the court’s jurisdiction against their own consent, if of suitable age to signify it, nor while under that age without the consent of both parents, unless the court, upon cause shown, orders otherwise. The court may also require security and issue writs to carry out the section.

The standard: best interests

Before 2017, New Jersey courts applied Baures v. Lewis, 167 N.J. 91 (2001), under which a parent with primary custody could relocate by showing a good-faith reason and that the move would not be inimical to the child’s interests. In Bisbing v. Bisbing, 230 N.J. 309 (2017), the Supreme Court abandoned that standard and held that courts should conduct a best interests analysis to determine cause under N.J.S.A. 9:2-2 in all contested relocation disputes in which the parents share legal custody, whether the arrangement names a parent of primary residence or provides for equally shared custody.

• The factors. The court considers all relevant factors in N.J.S.A. 9:2-4(c), supplemented by other factors as appropriate. The Court noted that a number of the statutory factors will be directly relevant in typical relocation decisions.
• Changed circumstances. Where the custody arrangement was agreed to and incorporated in a judgment, the parent seeking to relocate must also demonstrate changed circumstances to justify modifying it.
• Evidence. The Court said the trial court may consider the views of both parents and other adults close to the child, documentary evidence, interviews with the children at the court’s discretion, and expert testimony.

How to ask for, or oppose, a move

• FD cases. The FD Application/Cross Application to Modify a Court Order (CN 11487) has an item for applying to relocate the children out of state, stating where and why, and for opposing a move and explaining why.
• FM cases. The Family Multi-Purpose Post Judgment Motion Packet (CN 10483) covers motions for relocation of a child and cross-motions opposing them.
• In a new case. Each parent’s Custody and Parenting Time/Visitation Plan must address the impact of any contemplated change of residence by a parent (R. 5:8-5(a)).

Emergencies

The Judiciary’s emergent hearing form (CN 11523) lists the temporary prevention of a child’s relocation outside New Jersey as an example of an issue for an order to show cause, and its emergent application includes boxes for threats to remove the child from New Jersey in violation of N.J.S.A. 9:2-2 and for a child already removed without consent. See the emergency relief guide.

If you already have a custody order from another state, the Judiciary can register and, if needed, enforce it. Its self-help page links the Certification and Request to Register/Enforce Out-of-State Custody/Parenting Time/Visitation Order (CN 11064) as the request form and lists a $35 filing fee.

Primary sources

Rules and forms change. Check the current version at the source before you file. New Jersey statutes are published by the Legislature, and the Rules Governing the Courts by the Judiciary. Neither site offers a stable link to a single section, so statute and Court Rule links open the official search page; search there for the citation shown.

• N.J.S.A. 9:2-2, removal of children from the state
• N.J.S.A. 9:2-4, custody factors
• Bisbing v. Bisbing, 230 N.J. 309 (2017)
• R. 5:8-5, custody and parenting time/visitation plans
• CN 11487, request to modify an FD court order
• CN 10483, Family Multi-Purpose Post Judgment Motion Packet
• CN 11523, Emergent Hearing (Order to Show Cause)
• CN 11064, Certification and Request to Register/Enforce Out-of-State Custody/Parenting Time/Visitation Order
• NJ Courts, child support and custody self-help