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What is the overall guiding principle in a removal case?

April 26, 2017Case custodial faith good Guiding overall parent Principle Removal

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What is the overall guiding principle in a removal case?

4 Answers

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At all times in a removal case the guiding principal is what is in the best interests of the children. The court will focus on the question will the child have a better life in New Jersey or in the new state.

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At all times in a removal case the guiding principal is what is in the best interests of the children. The court will focus on the question of whether the child have a better life in New Jersey or in the new state. 5. When will I get my court date and a plenary hearing? The custodial parent is entitled to a hearing only after having satisfied the threshold requirements. The court in Baures v. Lewis, 167 N.J. 91 (2001), held that the party seeking to move should initially produce evidence to establish a prima facie case that (1) there is a good faith reason for the move, and (2) that the move will not be inimical to the child’s best interest. If the custodial parent satisfies this burden, then the court will set the case down for a plenary hearing. The courts often refer to this proceeding as a Holder or a Baures hearing. 6. How are removal hearings handled by the courts? The court will set the removal case down for a case management hearing. At this hearing, the lawyers for the parties

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At all times in a removal case the guiding principal is what is in the best interests of the children. The court will focus on the question will the child have a better life in New Jersey or in the new state? 5. When will I get my court date and a plenary hearing? The custodial parent is entitled to a hearing only after having satisfied the threshold requirements. The court in Baures v. Lewis, 167 N.J. 91 (2001), held that the party seeking to move should initially produce evidence to establish a prima facie case that; (1) there is a good faith reason for the move, and (2) that the move will not be inimical to the child’s best interest. If the custodial parent satisfies this burden, then the court will set the case down for a plenary hearing. The courts often refer to this proceeding as a Holder or a Baures hearing. 6. How are these removal hearings handled by the courts? The court will set the removal case down for a case management hearing. At this hearing, the lawyers for the partie

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Posted

At all times in a removal case the guiding principal is what is in the best interests of the children. The court will focus on the question whether the children have a better life in New Jersey or in the new state.