Can I move away from New Jersey with the child without obtaining the courts permission?
The removal of children of parents who are divorced or separated to another state is not permitted without court authorization unless both parents consent. The parents can always mutually agree to permit removal. However, if there is no mutual consent amongst the parties, then New Jersey places strict limits on the ability of a custodial parent to remove the children from New Jersey. In general, the removal of the children from this State by a custodial parent is governed by N.J.S.A. 9:2-2, which provides in pertinent part: When the Superior Court has jurisdiction over the custody and maintenance of the minor children of parents divorce, separated or living separate, and such children are natives of this State, or have resided five years within its limits, they shall not be removed out of its jurisdiction….. without the consent of both parents, unless the court upon cause shown, shall otherwise order.
