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  • 1.  Baures with relocation pending hearing

    Posted 06-05-2017 11:11 AM
    Esteemed colleagues:

    I've done relocation motions before, but for the first time I need to seek permission to relocate pending a hearing if (as assumed since it'll be contested) one is ordered.

    Client was hired by a company in Seattle (paying 3-4 times what was being earned in New Jersey). They've been tolerant with commuting (basically week-on, week-off and working remotely), but tolerance is running out (aside from it being too much time away from the kids with the commute). When hired, they were okay with it taking a couple of months to settle affairs in New Jersey, but now hints are being dropped that time is up and has been up. He listed for the house sale and has a closing set for June 30. Additionally, the kids need to settle in their new school, and a hearing in the Fall would be massively disruptive.

    I know there's case law on permitting relocation pending a hearing (which I'm pulling up), but does anything jump out at folks that needs to be stressed? The kids are 15 and 17 and both adamant they want to go.

    Thanks,

    <x-sigsep>

    David Perry Davis, Esq.
    -------------------------------------------
       www.FamilyLawNJ.pro
    -------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>


  • 2.  RE: Baures with relocation pending hearing

    Posted 06-05-2017 11:17 AM

    David:

     

    Would you mind sharing the case law regarding a relocation pending the outcome of a hearing?

     

    I'm aware of O'Connor v. O'Connor, 349 N.J. Super. 381 (App. Div. 2002), and McKinley v. Naters, 419 N.J. Super. 205 (Ch. Div. 2010), but is there more?

     

    Thank you.

     

    - Andrew

     

    ---

     

    ANDREW M. SHAW, ESQ.

    Divorce & Family Attorney

     

    DeTommaso Law Group, LLC
    73 Grove Street | Somerville, NJ 08876

    t: 908.595.0340 | f: 908.595.0343

     

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  • 3.  RE: Baures with relocation pending hearing

    Posted 06-05-2017 12:41 PM

    Dave-    I would file an in limine motion asking the court to enter an order indicating that a Baures hearing is not required because the children, age 17 and 15, are of "suitable age" to consent to their removal from the jurisdiction and have done so. (See statutory language of N.J.S.A. 9:2-2, "[a covered minor child] shall not be removed out of its jurisdiction against their own consent, if of suitable age to signify the same") and Kavrakis v. Kavrakis, 196 N.J. Super. 390 (Ch. Div. 1984)(Judge Krafte determining that the New Jersey legislature intended for 14 years of age to be the chronological prima facie starting point for the applicable age in the phrase "of suitable age").  I would then plead, as an alternative form of relief in the same motion, permission to relocate pending final hearing in the event the court determines that the children age 17 and 15 are not of "suitable age" to consent to their removal.  As Andrew pointed out, O'Connor and McKinley are the two main reported cases authorizing removal on a pendente lite basis.  Good luck.

     

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    Brian G. Paul, Esq.

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    Szaferman, Lakind, Blumstein & Blader, P.C.

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  • 4.  RE: Baures with relocation pending hearing

    Posted 06-05-2017 01:41 PM
    As usual, Brian nails it.  Thank you.

    Andrew - the case on temporary removal pending the hearing I was thinking of was this list's own Judge Jones, speaking of it in terms of an "extended vacation": https://scholar.google.com/scholar_case?case=3743615254748235618



    <x-sigsep>

    David Perry Davis, Esq.
    ------------------------------------------
       www.FamilyLawNJ.pro
    ------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



    Original Message


  • 5.  RE: Baures with relocation pending hearing

    Posted 06-05-2017 04:38 PM
    Try mediation - it's best for everyone.

    Roz


    Of Counsel to the Rotolo Law Firm  

    ROSALYN METZGER LLC
    Attorney/Mediator, PA Private Practice  
    908-310-0356  |      [email protected]


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  • 6.  RE: Baures with relocation pending hearing

    Posted 06-06-2017 05:49 PM
    I think we all agree that mediation is best. Resolving issues are best. Not spending money most people don't have and that would otherwise be in a child's college fund or letting parties enjoy life more is best. The few jerks out there, and they're a lot more rare than TV would have one think, who stoke tempers and act with unnecessary aggression incur karma I'd want no part of. Yes, mediation is best.

    Here, the parties were to attend via court order with Judge Ferencz. She refused. We filed a motion to transfer venue. She then tried to have it denied saying that the mediation order constituted a pending proceeding. Court didn't agree and transferred venue. We then wrote and said "that's great you're back on track on mediation" and Judge Ferencz wasted the time to do a retainer agreement, as she refused again to attend.

    I agree mediation is best...but it takes two on the same page to get there.


    <x-sigsep>

    David Perry Davis, Esq.
    ------------------------------------------
       www.FamilyLawNJ.pro
    ------------------------------------------
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

    </x-sigsep>



    Original Message