NJSBA Family Law Section

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  • 1.  Relocation Issue

    Posted 08-09-2013 04:59 AM

    Does Baures still apply as the relocation standard during pending divorce in which custody issue of children has yet to be decided, and primary-caretaker (in this case 85% of time with children) seeks relocation outside of NJ?

    Your experienced input is greatly appreciated


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    Robert M. Zych Esq.
    Law Offices of Robert M. Zych, Esq.
    173 Front Street
    Secaucus, NJ 07094
    (201) 751-1550

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  • 2.  RE:Relocation Issue

    Posted 08-09-2013 10:48 AM

    Baures does not apply until there has been an initial custody determination.

    Sandy
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    T. Sandberg Durst Esq.
    Princeton NJ
    (609)436-9079

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    Original Message


  • 3.  RE:Relocation Issue

    Posted 08-09-2013 12:54 PM
    In the recent unpublished appellate decision of Ward v. Ward,  Docket No. A-1342-12T4, decided on July 17, 2013,  the Appellate dDvision pointed out that our Supreme Court has noted that "the distinction between custody and removal is important in terms of the burden of proof. A custody case is squarely dependent on what is in the child's best interests", citing Morgan v. Morgan, 205 N.J. 50, 64 (2011). In the Ward case, the Court made it clear that the first step where one parent seeks removal of the child to a different state is to determine the type of existing parenting arrangement between the parties and whether the matter is actually an application for a change in custody as opposed to a removal case. 

    In the Ward case, the specifically pointed out that the agreed upon pendente lite arrangement was more of the traditional one where one parent (Mrs. Ward) had primary residential custody; thus, the appellate court held that the trial judge appropriately found that the agreed upon parenting schedule should be maintained as it was in the child's best interests, and once that determination was made, the trial judge properly went on to consider the Baures factors on Mrs. Ward's request for removal. However, the Ward court pointed out that considering the Baures factors was appropriate "as that schedule did not involve a fifty-fifty parenting arrangement." 

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    Robert Goldstein Esq.
    Manalapan NJ
    (732)972-1600

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    Original Message


  • 4.  RE:Relocation Issue

    Posted 08-09-2013 02:00 PM
    Once you get your "litigation ducks" in a row, you might want to consider mediating the removal issue.

    Roz

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    Rosalyn Metzger, Esq.
    Rosalyn A. Metzger LLC
    4 Wood Hollow Drive
    Pittstown, New Jersey 08867
    [email protected]
    www.mediate.com\RMetzger
    (908) 238-0099


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    Original Message


  • 5.  RE:Relocation Issue

    Posted 08-09-2013 02:04 PM
    Thank you, Mr. Goldstein!  The case is very helpful.

    I wish the parties were able to mediate the relocation issue.  All other issues have been resolved.

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    Robert Zych Esq.


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    Original Message


  • 6.  RE:Relocation Issue

    Posted 08-09-2013 05:42 PM
    Custody must be determined first. Baures is premised on a relocation application by the primary custodial parent.

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

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    Original Message