Legal Question in Family Law in New Jersey
In April of this year, my husband and I separated. I asked him to leave the apartment where we lived with our 2 children (ages 4 & 2) in New Jersey and he left. In order to make sure he stayed out I changed the locks - a move which he was aware of. In June, he changed the locks on me when I was at work. On the grounds of harassment, I got a restraining order (which covered the children and I) and relocated to Pennsylvania, right on the border of NJ. I moved in with my mom, a location that he is very much aware of (we had our wedding there and several birthday parties for the kids there). It is 54 miles away, and and hr away on the train.
The restraining order was lifted on August 3rd. That same day and the day after he told me that he is filing a motion to have the children returned to New Jersey. While we were in NJ, the father saw the kids maybe 3 or 4 times during the separation - and according to research I am within jurisdiction of 50 miles to be away from him - and it will not cause a hindrance on him having parenting time with the children.
Is this a case that he can win? This is more so a bid to gain control over me. The children and I being in PA with my parents offers many benefits - none of which the father is concerned with.
Please advice
Thank you in advance
1 Answer from Attorneys
This is a case that you shoud fight to the limit based on what you have said. It sounds like he has a "take no prisoners" mentality
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Sincerely
Saul Segan