Legal Question in Family Law in New Jersey

My wife has custody of three children, two of which reside with us. The other child is in college in Montreal. The father sees the children one time during the week and every other weekend. He pays $200 a week child support. My wife and I are moving to Montreal in connection with my job. One of the children that lives with us will stay with her father and finish one more year of high school. The other child is 14 and has medical issues. She wants to move to Canada with us, but the father will not sign off an a passport and does not want this child to move to Canada. If both children stay with there father in NJ, can he receive child support? My wife does not due to ther medical condition of MS. When we move to Canada she will use a diplomatic passport and will not be allowed to work even if she wanted to. All income will come from my employment. How difficult will it be to get a court to allow the one child to come with us to Canada? She will able to go to any school in Canada for free.


Asked on 1/14/10, 3:16 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Your wife has custody and your moving in connection with you job is a valid reason and is not for the purpose of denying visitation. The Court will probably approve her moving with the children.

Call me if you like.

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Answered on 1/19/10, 7:29 pm
Richard Vallario Richard W. Vallario Law Office

NJ law allows relocation for valid reasons, which you appear to have. However, there are other issues that have to be resolved, including a probable reduction of child support since one of the children is staying with her father. You also have to come to a new agreement as to visitation, and travel arrangements and costs. Without a Court Order approving the relocation, you will not be able to take the child to Montreal. Your wife needs to see an attorney to discuss these matters in greater detail. Call me if you want to pursue this. 973/661-3400.

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Answered on 1/20/10, 8:45 am
Robert Davies The Davies Law Firm, P.A.

If the father will not agree to let her move with the child, then she files a motion, which is a written request that the Court make a decision on this.

Call me, and I will assist her. 201-820-3460. I will speak to her for free for a one half hour consultation, and she can decide what she would like to do.

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Answered on 1/22/10, 11:13 am


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