CAN THE COURT PERMIT REMOVAL PRIOR TO AN ORDERED PLENARY HEARING?
If one follows the holding in Pfeiffer v. Ilson, the court can permit removal, if there are no material issues of fact and a prima facie case has been established. When a prima facie case has been established, but there are material issues of fact with regard to the other criteria under Bauers, a hearing is necessary. The issue then becomes whether the custodial parent will be permitted to relocate pending the hearing on removal. There are cases in which a custodial parent must relocate immediately or the reason for the relocation will be lost, as is often the case when the relocation request is based upon a transfer at work or a new employment opportunity for the custodial parent or their spouse. The issue also arises when the new school year is about to begin and changing schools midway through the semester will be detrimental to the child. Only one reported New Jersey case addresses temporary removal pending the Plenary Hearing. In the case of Macek v. Friedman, 240 N.J. Super. 614
