NJSBA Family Law Section

I am opposing a relocation hearing where the PPR is seeking to move to OH from NJ with 9 year old child.  I would like to argue she does not have a good faith motive as I think she has been planning this move for 18 months since she was last denied on a removal application.  Is anyone familiar with any cases where the court actually examined the "good faith".  Most case I have read simply gloss over good faith.  Thoughts, suggestions would be greatly appreciated.

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Rebecca Bertram Esq
Bertram & Haag, LLC
56 Fayette Street,
Bridgeton NJ
(856)455-6000

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Sounds like you're thinking in a Cooper-ly direction. Respectfully, I would frame your arguments consistent with the current considerations. May be semantics to some extent, but be careful. Thanks for listening and good luck.

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Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

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Original Message:
Sent: 06-13-2013 09:15
From: Rebecca Bertram
Subject: opposing relocation

I am opposing a relocation hearing where the PPR is seeking to move to OH from NJ with 9 year old child.  I would like to argue she does not have a good faith motive as I think she has been planning this move for 18 months since she was last denied on a removal application.  Is anyone familiar with any cases where the court actually examined the "good faith".  Most case I have read simply gloss over good faith.  Thoughts, suggestions would be greatly appreciated.

-------------------------------------------
Rebecca Bertram Esq
Bertram & Haag, LLC
56 Fayette Street,
Bridgeton NJ
(856)455-6000

-------------------------------------------

There was a NJ removal case a couple of years ago in which the trial court DENIED the move where the mom did not disclose the intent to remove the child(ren) until after the divorce was finalized, and then promptly filed thereafter.  Someone else will know the case name.  That was a "bad faith" case.  You can use it to fit your facts.

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Hanan Isaacs Esq.
Kingston NJ
(609)683-7400

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Original Message:
Sent: 06-13-2013 09:15
From: Rebecca Bertram
Subject: opposing relocation

I am opposing a relocation hearing where the PPR is seeking to move to OH from NJ with 9 year old child.  I would like to argue she does not have a good faith motive as I think she has been planning this move for 18 months since she was last denied on a removal application.  Is anyone familiar with any cases where the court actually examined the "good faith".  Most case I have read simply gloss over good faith.  Thoughts, suggestions would be greatly appreciated.

-------------------------------------------
Rebecca Bertram Esq
Bertram & Haag, LLC
56 Fayette Street,
Bridgeton NJ
(856)455-6000

-------------------------------------------

IFF she was planning this in order to trick her ex into agreeing to a subordinate parenting arrangement, as in Shea v. Shea, I would concur. If not, Cooper is not controlling law, unless I'm missing the point and you are actually, using reverse semantics, alleging bad faith (vice lack of good faith).

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 06-13-2013 15:35
From: Hanan Isaacs
Subject: opposing relocation

There was a NJ removal case a couple of years ago in which the trial court DENIED the move where the mom did not disclose the intent to remove the child(ren) until after the divorce was finalized, and then promptly filed thereafter.  Someone else will know the case name.  That was a "bad faith" case.  You can use it to fit your facts.

-------------------------------------------
Hanan Isaacs Esq.
Kingston NJ
(609)683-7400

-------------------------------------------






Original Message:
Sent: 06-13-2013 09:15
From: Rebecca Bertram
Subject: opposing relocation

I am opposing a relocation hearing where the PPR is seeking to move to OH from NJ with 9 year old child.  I would like to argue she does not have a good faith motive as I think she has been planning this move for 18 months since she was last denied on a removal application.  Is anyone familiar with any cases where the court actually examined the "good faith".  Most case I have read simply gloss over good faith.  Thoughts, suggestions would be greatly appreciated.

-------------------------------------------
Rebecca Bertram Esq
Bertram & Haag, LLC
56 Fayette Street,
Bridgeton NJ
(856)455-6000

-------------------------------------------

As set forth in Shea:

 

It seems only fair and equitable, that where a request for removal comes shortly after the settlement of the Final Judgment of Divorce, and the material facts and circumstances forming the good faith reason for the removal request were known at the time of the entry of the final judgment, a party opposing the removal be entitled to contest custody under the best interests analysis, irrespective of whether the parties had a true shared parenting arrangement.  In effect, the party opposing removal is restored to the position he or she held prior to the Final Judgment of Divorce.  To rule otherwise could potentially encourage disingenuous settlements, encourage a party to use the Baures line of cases as a sword, or alternatively compel a cautious party to exhaustively litigate custody when not truly necessary. 

Shea, 384 N.J. Super. 266, 271-72 (Ch. Div. 2005) (emphasis added).
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Charles Vuotto Esq.
Matawan NJ
(732)696-2500

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Original Message:
Sent: 06-13-2013 16:01
From: Curtis Romanowski
Subject: opposing relocation

IFF she was planning this in order to trick her ex into agreeing to a subordinate parenting arrangement, as in Shea v. Shea, I would concur. If not, Cooper is not controlling law, unless I'm missing the point and you are actually, using reverse semantics, alleging bad faith (vice lack of good faith).

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 06-13-2013 15:35
From: Hanan Isaacs
Subject: opposing relocation

There was a NJ removal case a couple of years ago in which the trial court DENIED the move where the mom did not disclose the intent to remove the child(ren) until after the divorce was finalized, and then promptly filed thereafter.  Someone else will know the case name.  That was a "bad faith" case.  You can use it to fit your facts.

-------------------------------------------
Hanan Isaacs Esq.
Kingston NJ
(609)683-7400

-------------------------------------------






Original Message:
Sent: 06-13-2013 09:15
From: Rebecca Bertram
Subject: opposing relocation

I am opposing a relocation hearing where the PPR is seeking to move to OH from NJ with 9 year old child.  I would like to argue she does not have a good faith motive as I think she has been planning this move for 18 months since she was last denied on a removal application.  Is anyone familiar with any cases where the court actually examined the "good faith".  Most case I have read simply gloss over good faith.  Thoughts, suggestions would be greatly appreciated.

-------------------------------------------
Rebecca Bertram Esq
Bertram & Haag, LLC
56 Fayette Street,
Bridgeton NJ
(856)455-6000

-------------------------------------------

Exactly.

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 06-13-2013 17:28
From: Charles Vuotto
Subject: opposing relocation

As set forth in Shea:

 

It seems only fair and equitable, that where a request for removal comes shortly after the settlement of the Final Judgment of Divorce, and the material facts and circumstances forming the good faith reason for the removal request were known at the time of the entry of the final judgment, a party opposing the removal be entitled to contest custody under the best interests analysis, irrespective of whether the parties had a true shared parenting arrangement.  In effect, the party opposing removal is restored to the position he or she held prior to the Final Judgment of Divorce.  To rule otherwise could potentially encourage disingenuous settlements, encourage a party to use the Baures line of cases as a sword, or alternatively compel a cautious party to exhaustively litigate custody when not truly necessary. 

Shea, 384 N.J. Super. 266, 271-72 (Ch. Div. 2005) (emphasis added).
-------------------------------------------
Charles Vuotto Esq.
Matawan NJ
(732)696-2500

-------------------------------------------






Original Message:
Sent: 06-13-2013 16:01
From: Curtis Romanowski
Subject: opposing relocation

IFF she was planning this in order to trick her ex into agreeing to a subordinate parenting arrangement, as in Shea v. Shea, I would concur. If not, Cooper is not controlling law, unless I'm missing the point and you are actually, using reverse semantics, alleging bad faith (vice lack of good faith).

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 06-13-2013 15:35
From: Hanan Isaacs
Subject: opposing relocation

There was a NJ removal case a couple of years ago in which the trial court DENIED the move where the mom did not disclose the intent to remove the child(ren) until after the divorce was finalized, and then promptly filed thereafter.  Someone else will know the case name.  That was a "bad faith" case.  You can use it to fit your facts.

-------------------------------------------
Hanan Isaacs Esq.
Kingston NJ
(609)683-7400

-------------------------------------------






Original Message:
Sent: 06-13-2013 09:15
From: Rebecca Bertram
Subject: opposing relocation

I am opposing a relocation hearing where the PPR is seeking to move to OH from NJ with 9 year old child.  I would like to argue she does not have a good faith motive as I think she has been planning this move for 18 months since she was last denied on a removal application.  Is anyone familiar with any cases where the court actually examined the "good faith".  Most case I have read simply gloss over good faith.  Thoughts, suggestions would be greatly appreciated.

-------------------------------------------
Rebecca Bertram Esq
Bertram & Haag, LLC
56 Fayette Street,
Bridgeton NJ
(856)455-6000

-------------------------------------------