Law Lessons from MUNIZ v. CASTRILLO, Appellate Division, A-2174-06T4 [LINK], June 28, 2007:

According to the operational details of the Parenting Coordinator Pilot Program [Parenting coordinator guidelines, N.J. Lawyer 38-39 (April 16, 2007)] recently approved by the Supreme Court to commence July 1, 2007, a parenting coordinator may be appointed after a parenting plan is in place and may make recommendations to the parties or their attorneys to implement the parenting plan. In addition, an attorney may be appointed as a parenting coordinator but only with the consent of both parties. Id. at 38.

N.J.S.A. 9:2-2 bars removal of children from this State without their consent, if they are of suitable age to signify consent, or without the consent of the other parent. The statute reflects the desirability of a child having the nurture, support and guidance of both parents, even when the parents are no longer a marital unit. Baures v. Lewis, 167 N.J. 91, 110 (2001); Cooper v. Cooper, 99 N.J. 42, 50 (1984). The custodial parent, however, need not choose between her child or a vocational opportunity, if the other parent consents to the move or the move is in the best interests of the child. Baures, 167 N.J. at 96-97, 112.

The parent who desires to relocate must make a prima facie showing of “a good faith reason for the move and that the child will not suffer from it.” Id. at 118. The parent who desires to relocate must also present a visitation proposal because the continuation of the parental relationship with the parent who stays behind is an important factor in the determination whether the child will suffer from the move. Id. at 122. On the other hand, an alteration of visitation patterns alone will not defeat a removal request. Id. at 117. Once this prima facie showing is presented, a court must consider twelve factors in any assessment of whether to permit removal of a minor child. Id. at 116-17. Finally, a move to another country is not a de facto bar to removal. MacKinnon v. MacKinnon, ____ N.J. ____, ____ (2007) (slip op. at 21). Indeed, even removal to a country that is not a signatory to the Hague Convention, such as Japan, is not an obstacle to removal. Id. at ____ (slip op. at 18).

The court must discern whether the child was “of suitable age” to be the ultimate decision-maker regarding his residence. Relocation, let alone removal from one country to another, is a challenge for a child in his early teens. Many of the reported removal cases involve younger children. See, e.g., Levine v. Bacon, 297 N.J. Super. 224 (App. Div. 1997) (nine year old child), aff’d, 152 N.J. 436 (1998); Horswell v. Horswell, 297 N.J. Super. 94 (App. Div. 1997) (five and seven year old children). Nevertheless, maturity is not necessarily associated with chronological age.