Removing or relocating out of state with a child who is under the jurisdiction of the New Jersey Courts
In New Jersey, your child is considered to be under the jurisdiction of the New Jersey courts if the child
- Was born in New Jersey;
- Has lived in New Jersey all his or her life;
- Has lived in New Jersey for the past six months;
- Is presently living in the state of New Jersey.
A child of 14 years or older can give his consent to a parent to move or permanently re-locate out of the state of New Jersey. However, a child under the age of 14 is not considered old enough to give his or her consent to be permanently relocated or moved out of the state.
A custodial parent who wishes to move from the State of New Jersey with a child who is younger than 14 years of age and under the jurisdiction of the New Jersey courts, must do either of the following things in order to comply with the law:
- Get the consent of the other parent to the move, or
- Get permission from the court to move.
If a custodial parent removes the a child from the state of New Jersey without obtaining either the consent of the other parent (in writing) or permission from the court (in the form of a court order), there can be serious legal consequences. The following are examples of some of those consequences:
- The non-custodial parent may file a complaint against the custodial parent for interference with custody/visitation.
- The non-custodial parent may report the custodial parent’s actions to law enforcement which may result in the custodial parent being charged with kidnapping.
- The non-custodial parent could file an emergent Order to Show Cause in the family part of the Superior Court to have the non-custodial parent immediately return the child to the state of New Jersey.
- The court may impose other sanctions ( punishments) against the parent who removed the children including ordering a change in custody.
Procedures for Filing a Request for a Removal Hearing.
There are three types of family cases that are filed in the court. They are identified by docket numbers. Your case docket number may begin with the letters “FD”, “FV” or “FM”. the procedures for filing requests may be slightly different depending on what type of case you have.
Choose the docket number prefix below that corresponds to the docket number prefix of your case.