Where, post-divorce, mother, with two children, unilaterally relocates 62 miles from father, then fails to comply with court order requiring her to return, court cannot change custody to father without a hearing to determine best interests of children. A.J. v. R.J., __ N.J. Super.__, 2019 WL 4924420 (App. Div. 2019)

At the time of their divorce in 2013, following a five-year marriage which produced two children, the parties agreed that A.J., the wife, would be the parent of primary residence, and R.J., the husband, would be granted parenting time on alternate weekends (Friday to Saturday) and one midweek overnight. Five years after the divorce, and after her re-marriage, wife, in spite of husband’s announced objection, unilaterally moved 62 miles away from Elizabeth to Mount Holly, New Jersey. In May 2018, the trail judge granted husband’s order to show cause providing for temporary parenting time three weekends per month and requiring the children to continuing in the Elizabeth school system. Following a plenary hearing, in July 2018, the court ordered wife to return with the children and to reside within 15 miles of husband.

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