Removal Matters

Removal mattes can be one of the most emotionally difficult matters to deal with in a divorce or post-divorce action. A removal matter is a case where one parent seeks to "remove" the child or children from the State of New Jersey to almost anywhere else in the United States. If done during the divorce, the other side must be placed on notice immediately. If done after the divorce, the removal must be brought via a motion to remove in the county courthouse.

If removal is not consented upon by both parties, a court may set the matter to be decided down for a hearing (trial) and take testimony from the parties, experts or witnesses. After the testimony has been taken, the court may render a decision.

In a limited number of cases, a court may also decide the issues on a motion; however, there has to be supporting facts to take this course of action by the court.

These are complex issues that should never be taken by a parties representing themselves or by an attorney who does not specialize in these cases.

Finally, I never recommend self help remedies unless there are extraordinary circumstances of abuse and or violence. Taking matters into your own hands can easily jeopardize what you are seeking to accomplish.

If you are contemplating a move out of the State of New Jersey or if you are a spouse who has just been notified that your children are moving out of state, please call us immediately. We are experienced in the process and can assist you in the process.

732-842-8880 or email at japatti@japlaw.com