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Child Removal: A Matrimonial Litigator's Checklist
In matrimonial practice, the frequency of child removal litigation has increased exponentially. The growing number of corporate downsizings, business mergers and acquisitions, and the general growth in employment mobility are all likely to result in a continuation of this trend. This article, which provides a checklist of five areas of inquiry, is intended to help the family law litigator anticipate and prepare for the legal and factual issues presented when child removal is in issue.
Is there a removal statute? The first step in the process is to determine whether your jurisdiction has a controlling statutory provision. In New Jersey, for example, the removal of children is governed by N.J.S.A. 9:2-2. Pursuant to that statute, minor children who are 'natives' of New Jersey or have resided there for 5 years cannot be removed from the state without 'the consent of both parents, unless the court, upon cause shown, shall otherwise order.'
Is there a custody statute? Every removal case necessarily implicates the same issues that are likely to arise in a child custody setting. This being the case, the matrimonial litigator must examine and address the custody criteria set forth in his/her jurisdiction's applicable statute. For example, the controlling statute in New Jersey (N.J.S.A. 9:2-4) provides 14 specific factors:
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