Emergency Child Relocation in NJ
While most child relocation actions will need to go through hearings that involve both parents, there are situations in which the emergency relocation of a child may be permitted.
When both parents have parental rights in regards to a child, then both parents are responsible for ensuring that any actions they take in regards to the child do not violate the rights of the other parent. For example, even if parents are not living together, if both parents have a right to parenting time with a child, then a child cannot be moved or relocated to another state by one parent without the other parent’s permission. However, there are some situations in which an emergency child relocation petition may be granted by the court. If you need to immediately relocate your child, call our lawyers today to learn more about the process for doing so and how we can help.
Emergency Hearings and Emergency Orders
If you believe that some legal action is necessary by the court in order to avert or prevent irreparable harm to a child, or to protect the child’s health, safety, or welfare, then you can seek an emergent remedy with the court by filing an Order to Show Cause at the courthouse. Orders to Show Cause are often used in regards to emergency issues pertaining to child custody, as well as temporary prevention of a child’s relocation or a termination of child visitation. Upon reviewing your application, the judge will decide whether or not an emergency hearing is warranted. If the emergency hearing is not warranted, your case will have to proceed through the regular channels.
What Types of Circumstances Warrant an Emergency Hearing?
As stated above, emergency hearings and orders for the emergency relocation of a child (i.e. providing one parent with full custody over the child for a temporary amount of time, or preventing the relocation of a child by the other parent) are only held when there is an immediate threat to the child’s safety or wellbeing. For example, if a parent is physically abusive, using drugs, or is threatening to kidnap the child and remove them from the state, then a court may agree to an emergency remedy.
Note that the Child Protection and Permanency agency within the New Jersey Department of Children and Families also has the power to initiate temporary custody orders and child removal actions. In fact, if a child is being neglected or abused, the agency maintains the right to investigate the situation and, if within the child’s best interests, initiate an emergency removal of the child from the parental home. This will result in a court hearing where parents/guardians can present evidence to support their case.
Our NJ Emergency Child Relocation Lawyers Can Help
Whether you are the victim of domestic violence who needs to relocate their child, believe that your child’s other parent’s home is unsafe, have had your ex threaten to remove your child, or have been investigated by the Child Protection and Permanency agency and fear an emergency removal action, our lawyers can help. To learn more about emergency child relocation in New Jersey, call our law firm today or send us a message at your convenience requesting more information. Our law firm is here to serve you.