We have written on this subject before reporting a Superior Court decision earlier this year that put a new focus on benefit to the children as a condition to successfully secure an order allowing a parent to relocate. The rule of precedent requires trial court judges to pay attention to and follow Superior Court rulings… Continue Reading
Since the new custody statute and relocation provisions came into effect in 2011 we have had only one reported decision analyzing the statute. E..D. v. M.P. 2011 WL 5392990. That changed on Tuesday with the publication of CMK v. KEM, a case decided by the Superior Court affirming a Mercer County decision denying relocation.
We have previously noted that there are few cases more vexing than those involving one parent deciding to leave this state with a child and move to another to pursue what he/she perceives as better pastures. Clear case law has developed since 1990 that set a standard for when relocation should be granted and setting… Continue Reading
We live in a mobile society. We also live in a society that experiences a high rate of divorce. These two facts make for some of the most contentious litigation found in the domestic relations world. It is the fight over whether one parent, usually the one with primary physical custody, can take a child… Continue Reading