As a general rule, in New Jersey, a parent cannot move out of State with a child without one of the following: 1) the other parent’s consent or 2) a Court order.
If you do not agree, the other parent must file an Application with the Court seeking the Court’s permission. There are 13 factors that parent has to satisfy in order for the Court to permit him or her to move. We will go over those factors in a different post but in case you need them now, you can view the factors here.
So what should you do if that parent moved out of New Jersey with your children without your permission or a Court order?
You should immediately file an Order to Show Cause (aka an Emergent Application). If you have never been to Court with this parent before, download this form. If you have been to Court before with this parent, download this form. Before you file the Order to Show Cause, be sure to read these additional instructions for the Order to Show Cause.
If you are looking for experienced representation, schedule your appointment with me here.