Legal Question in Family Law in New Jersey
Can my friend take her child out of New Jersey?
My friend has a temoprary restraining order against an abusive, alcoholic husband. She has a hearing in 2 days about this.
She is actively trying to get assistance which would allow her to keep her home and to keep her daughter in that home. She is having no success in getting help from anywhere - (catholic charities, battered women's shelters, legal aid, etc).
She has 2 options for safe housing and they are both out of New Jersey. One is to come to Connecticut, the other is to go to Massachusetts.
It seems she would be able to file divorce in CT, but not in Mass, or she could file and travel for a NJ divorce.
She has been told that taking the child, age 8, out of NJ will leave her vulnerable to kidnapping charges, and we'd like to know if this is truly the case, given the fear involved for her in staying in the area with him?
So, 2 questions:
1- Can she leave NJ with her daughter?
2- Can she file for divorce in Mass or CT if she goes to either of these places?
Thank you for your time.
2 Answers from Attorneys
Re: Can my friend take her child out of New Jersey?
Without consent, which seems out of the question, she needs to file a motion with the court for removal before she leaves NJ.
Re: Can my friend take her child out of New Jersey?
She can not remove the child from New Jersey permanently without the father's consent or the authorization of a court order. She could easily be arrested on a warrant issued in New Jersey and brought back as a fugitive from justice.
If she obtains a restraining order she will be able to live in the house with her child and he will be barred from same.
I believe that the help that she can not get is money for a lawyer or a free lawyer. She needs one.
I am not a free lawyer. You can call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
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