A divorced parent is not per se prohibited from relocating a minor child to a nation where U.S. custody and visitation agreements are not readily enforceable, the New Jersey Supreme Court held on Monday.
The justices, in MacKinnon v. MacKinnon, A-114-2006, said a custodial mother could resettle herself and her child in her native Japan over the child’s father’s objections, even though Japan has not ratified the Hague Convention on the Civil Aspects of International Child Abduction, under which member nations respect each other’s rulings on child custody rights.
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