Articles Tagged with enforcement

Various blogs have been written by members of our firm about situations where a custodial parents IMG_1930-300x225wants to move with the parties’ children to a state other than New Jersey.   Can a custodial parent live wherever he/she wants within the State of New Jersey?  Can a non-custodial parent ask a New Jersey family court just to stop a custodial parent from moving with the children to another town or city within the State of New Jersey?

Certainly some parents have reached an agreement with one another that they will live within a certain proximity to one another where they feel that it is in their own best interest for their children to live in certain areas of New Jersey or for the parents to live within a certain proximity to one another in order for their custody and parenting time agreement to work out.   New Jersey has a public policy of enforcing settlement agreements where they are fair and equitable.

What if parents do not have such an agreement?  Can the non-custodial parent prevent the custodial parent from living anywhere within the state of New Jersey that the custodial parent wants to live? In 2003, the Appellate Division addressed this question in the case of Schulze v. Morris, 361 N.J. Super. 419 (2003).  In this case, the parties had both been living in Middlesex County, New Jersey, but after the custodial parent was denied tenure at her teaching position, she found another teaching job in Sussex County and wanted to move with the parties’ child to Sussex County.  The non-custodial parent filed an Order to Show Cause seeking to stop the custodial parent from moving with the parties’ child to Sussex County.   The Appellate Division concluded that a custodial parent’s request to move to a different place within the State of New Jersey is not a “removal” action pursuant to N.J.S.A. 9:2-2 for which the custodial parent has to obtain the permission of the Court.   However,  the Appellate Division recognized that a custodial parent’s move with a child can have significant impact on the relationship between the child and the non-custodial parent and that there are occasions where an intrastate relocation can constitute a substantial change in circumstance warranting a modification of the custody and parenting time arrangement.   When a noncustodial parent opposes an intrastate relocation of the child(ren) but the custodial parent on the basis that the move will be “deleterious to the relationship between the child and the non-residential custodial parent, or will be otherwise inimical to the child’s best interests”, then the Appellate Division in Schultze directed that the family court had to assess the factors in Baures v. Lewis, 167 N.J. 91 (2001), an interstate relocation case.

It is that time of year when us practicing New Jersey attorneys submit our registration renewals and pay any required fees in order to continue to be able to practice law for the coming year. Despite its trials and tribulations at times, practicing Family Law, and assisting my clients through what is an often difficult, emotional and challenging set of life circumstances, it is not only rewarding and satisfying, but is a privilege as well. Indeed, the ability to practice law is considered a “privilege” and not a “right.” Like many other professions, attorneys must be licensed to be able to practice their profession after satisfying various rules and requirements established not only by the profession’s governing body-in this instance, the New Jersey Supreme Court- but by the State as well. Besides such occupational licenses, there are numerous other types of licenses that the State may issue, whether they be licensed to drive, participate in recreational activities (i.e., hunt, fish, operate a boat, etc.) Continue reading ›

In order to ensure children receive support from both parents, New Jersey employs a number of enforcement mechanisms. These include, but are not limited to:

Income withholding
Credit reporting
Interception of lottery winnings
Tax fund offset
Seizure of assets
License suspension- driver’s, professional or recreational
Passport denial
Civil awards/settlements
Court enforcement
Warrants
Judgments
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