Articles
Articles in the ‘Removal’ Category
Custody and Removal
In Paul Morgan v. Kristin Morgan (n/k/a Leary) (Morris County)
Argued November 9, 2010, Decided February 8, 2011 the Supreme Court in a 25 page decision revisited the standard for removal under NJSA 9:2-2 and Baures v. Lewis, 167 NJ 91 (2001). Justice Long wrote the decision. In typical fashion she clearly articulated the analysis, standards and protocol. The case demonstrates the instrumental role Justice Long plays shaping, guiding and giving insight to matrimonial/family law.
Sharing Joint Legal and Physical Custody Prevents Request for Removal
Former wife wanted to move from New Jersey to Texas in order to remarry. The parties had a child born of the former marriage. They were conferred with joint legal and physical custody. The former wife wanted the child to move to Texas with her. The former husband opposed the relocation.
Custody and Removal
An unemancipated child may not be removed from New Jersey without either parental consent or a court order. The father wanted to enroll the 8 year old child in a boarding school in India. He paid the tuition and bought airline tickets. The trial court entered an emergent order barring the child’s removal. H.P. v. A.P., New Jersey App. Div., March 12, 2010
