Q: My children and I moved here with their father for his work in June 2020. My children's father left and remarried

A: The short answer is no. Under the law, if you and he do not have an agreement permitting the relocation to take place, you must get an order of the court permitting the relocation to take place. If you move without his permission/court order, he can file an application with the court to compel the children's return and for the imposition of sanctions against you for your improper removal of the children from the state. My suggestion is that you immediately meet with an experienced divorce lawyer who has handled relocation issues and let him file an application with the court to permit the relocation. The court may permit you to relocate temporarily to the other state with your ex having specific parenting time in the interim until a hearing can be had but if you simply leave, presume that a court will never extend any courtesies to you for an interim plan. This is also not the type of matter to try and handle on your own. If you handle it on your own and lose, you will not be able to hire a lawyer to try and undo what you did wrong. If you would like to meet with one of the lawyers in our firm, please call to schedule a consultation. We have offices in Short Hills and in Forked River.

A: Thank you for your question. If you don’t have the father’s consent to move, then you need a court order to grant you permission to move. You will need to file a motion but unfortunately it will not be heard in 6 weeks so unfortunately, you will need to speak to a matrimonial attorney to see if your situation qualifies for an emergent application. My advise is that you file it if your ultimate goal is to leave the state. You are going to need permission if he is not going to grant it. Be prepared to hire an expert and to pay for a small trial called a plenary hearing. Best of luck.