Bloomfield, NJ asked in Divorce and Child Custody for New Jersey

Q: Hello my husband served me with court papers that I can't leave country with my daughter but now he say he canceled it

I want to know how long court take to cancel motion in NEW JERSEY because he told me it will take till February 4 after I can travel

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3 Lawyer Answers
Leonard R. Boyer
Leonard R. Boyer
Answered
  • Divorce Lawyer
  • Clifton, NJ
  • Licensed in New Jersey

A: That sounds like a trap to me. No one would file a Motion with the Court and then cancel it. It also would not take until February 4, to do so. It can be withdrawn in 1 to 2 days at the most. You really need to retain an experienced matrimonial (family law attorney) to handle this matter for you after reviewing all the documents. When you have your consultation, you need to bring your Judgment of Divorce and any post- Judgment Orders to the consultation. Remember this rule. A good attorney is never cheap and a cheap attorney is rarely if ever good.

1 user found this answer helpful

Richard Diamond
Richard Diamond
Answered
  • Divorce Lawyer
  • Millburn, NJ
  • Licensed in New Jersey

A: I presume that you and your husband have a pending divorce matter in the court system and that as part of that divorce matter, your husband filed an application with the court seeking to prevent you from traveling outside of the United States (or elsewhere inside of the US) because of specific concerns he has about the impact of those travel plans on his parenting time with your daughter or because he is afraid that you will not return to NJ.

Before you do anything, your husband was obligated to serve a copy of that application on you so that you know exactly what he filed with the court system. You also have a right to see any order entered by the court restraining you from travel and you have a right to see the specific reasoning of the court as to any restraints. If there was a court order entered restraining you, then you need to get an order of the court vacating it. You cannot simply ignore it because your husband told you that he cancelled it. If he cancelled it, then the court would enter an order vacating the prior restraints.

Bari Weinberger
Bari Weinberger
Answered
  • Divorce Lawyer
  • Parsippany, NJ
  • Licensed in New Jersey

A: Thank you for your question. In order to better assist you and provide a response to same, additional facts are needed. There is a difference between filing a motion versus a Court Order already being entered, and the procedural history of your matter would be important when analyzing if and when you would be able to travel with your daughter. The answer to your inquiry depends on what “court papers” you were served with and how your husband came up with the February 4th travel date. The best course of action is to schedule a consultation with an attorney so he/she can review your documentation and give you a more definitive answer on the timeframe of your matter.

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