NJSBA Family Law Section

I am just looking for some confirmation that it is not necessary to obtain a Court Order before a Mother removes a 16 year old child from NJ and moves to PA if the child fully consents to the move.

Facts:
Parties have 2 children (ages 19 and 16). Parties were never married. 19 yr old child is enrolled in college in NY.  There has only ever been a prior Support Order regarding the oldest child.  No prior Orders regarding the youngest child (child was never added to prior action).  Parties have always verbally agreed to support and p/t issues regarding youngest child.  Children have always resided with Mother. Father has only ever had minimal contact/visitation (has not exercised an overnight in past 5 years).

Youngest child is now 16 years old and Mother seeks to move to eastern PA with the child.  Child fully consents to the move.  Child attends private school in NJ and still plans to attend private school until graduation.

My reading of NJSA 9:2-2 and Kavrakis v. Kavrakis is that the child is of suitable age to consent to relocation.  Since the child is of suitable age and does consent to the move, it is not necessary to file an Application with the Court regarding the removal or otherwise obtain a Court Order permitting same.  Agree?

Father is irate over Mother's new relationship and is threatening to file an Emergency Application over the relocation because he just learned Mother and child have already moved and he opposes it.

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Blake W. Rush, Esq.
Rush & Savoia, P.C.
14 E. Main Street
Clinton, NJ 08809
(908) 713-9800 (PHONE)
(908) 713-9803 (FAX)
www.rushsavoia.com
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Original Message------

I am just looking for some confirmation that it is not necessary to obtain a Court Order before a Mother removes a 16 year old child from NJ and moves to PA if the child fully consents to the move.

Facts:
Parties have 2 children (ages 19 and 16). Parties were never married. 19 yr old child is enrolled in college in NY.  There has only ever been a prior Support Order regarding the oldest child.  No prior Orders regarding the youngest child (child was never added to prior action).  Parties have always verbally agreed to support and p/t issues regarding youngest child.  Children have always resided with Mother. Father has only ever had minimal contact/visitation (has not exercised an overnight in past 5 years).

Youngest child is now 16 years old and Mother seeks to move to eastern PA with the child.  Child fully consents to the move.  Child attends private school in NJ and still plans to attend private school until graduation.

My reading of NJSA 9:2-2 and Kavrakis v. Kavrakis is that the child is of suitable age to consent to relocation.  Since the child is of suitable age and does consent to the move, it is not necessary to file an Application with the Court regarding the removal or otherwise obtain a Court Order permitting same.  Agree?

Father is irate over Mother's new relationship and is threatening to file an Emergency Application over the relocation because he just learned Mother and child have already moved and he opposes it.

------------------------------
Blake W. Rush, Esq.
Rush & Savoia, P.C.
14 E. Main Street
Clinton, NJ 08809
(908) 713-9800 (PHONE)
(908) 713-9803 (FAX)
www.rushsavoia.com
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Thanks for the feedback and sample motion, David.

Much appreciated.

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Blake W. Rush, Esq.
Rush & Savoia, P.C.
14 E. Main Street
Clinton, NJ 08809
(908) 713-9800 (PHONE)
(908) 713-9803 (FAX)
www.rushsavoia.com
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Original Message:
Sent: 03-26-2018 11:27
From: David Perry Davis
Subject: Removal of 16 yr old Child from NJ

I believe you still need either written consent or a judge's order before the relocation occurs. While I agree that a teen's desire to relocate may obviate the need for a hearing, the child's desire (including whether it was influenced) is a material fact question. What is a "suitable age" to consent is also an open issue (although there is some case law on it). If mom just leaves and dad files an OSC, in all probability it will a problem for your client, probably resulting in an order for her to return the child or a change in custody pending a hearing and a possible sanction.

While I agree with your argument on Kavrakis, I recently filed a motion citing it and saying no hearing was necessary... the judge said she had no idea what I was talking about and a hearing is always necessary on a relocation application. Here's the motion and (very short) letter brief, if it helps:  http://dpdlaw.com/yerasrelocationmotion.pdf  . We ended up resolving the case (shortly before Bisbing was decided), so I can't say what would've happened if it had gone further.



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David Perry Davis, Esq.
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Original Message------

I am just looking for some confirmation that it is not necessary to obtain a Court Order before a Mother removes a 16 year old child from NJ and moves to PA if the child fully consents to the move.

Facts:
Parties have 2 children (ages 19 and 16). Parties were never married. 19 yr old child is enrolled in college in NY.  There has only ever been a prior Support Order regarding the oldest child.  No prior Orders regarding the youngest child (child was never added to prior action).  Parties have always verbally agreed to support and p/t issues regarding youngest child.  Children have always resided with Mother. Father has only ever had minimal contact/visitation (has not exercised an overnight in past 5 years).

Youngest child is now 16 years old and Mother seeks to move to eastern PA with the child.  Child fully consents to the move.  Child attends private school in NJ and still plans to attend private school until graduation.

My reading of NJSA 9:2-2 and Kavrakis v. Kavrakis is that the child is of suitable age to consent to relocation.  Since the child is of suitable age and does consent to the move, it is not necessary to file an Application with the Court regarding the removal or otherwise obtain a Court Order permitting same.  Agree?

Father is irate over Mother's new relationship and is threatening to file an Emergency Application over the relocation because he just learned Mother and child have already moved and he opposes it.

------------------------------
Blake W. Rush, Esq.
Rush & Savoia, P.C.
14 E. Main Street
Clinton, NJ 08809
(908) 713-9800 (PHONE)
(908) 713-9803 (FAX)
www.rushsavoia.com
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