Are parenting plans binding?

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It is important to know New Jersey law in order to answer this question.

There is a parenting plan agreement (not a court order) signed between me and the ex. This agreement was entered into the divorce at final judgement.
The agreements grants the CP the right to relocate out of state with the child.
CP returned to NJ to for family matters which took 13 months.
Family matters resolved. CP wants to leave the state and I will not give permission.
CP does not believe that the state law requiring my permission or court order to remove our child apply due to the parenting agreement.
Some of my parenting time schedule addressed by the court while the CP was here. However, the agreement was never modified to say that the CP could not leave the state of NJ. It continues to reflect that the CP can relocate with our child.

Can the CP leave per the signed and agreed parenting plan or can I file kidnapping against the CP?

Need advice ASAP
 
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The parenting agreement is binding. It is a court order. CP can leave state.

And THIS is what makes it a court order.
This agreement was entered into the divorce at final judgement.
 
I would double check the above advice.. Boyzgrrl may not be a NJ lawyer.
I am not a lawyer, but why does it matter you allowed the CP to leave to start with.
Clearly you had no issue with how you saw your children.

Peace love and getting along... if the children are happy just let it go... why be so nasty if the CP does not keep the children from you in another state
 
I would double check the above advice.. Boyzgrrl may not be a NJ lawyer.

The advice is correct, actually. That doesn't mean the the OP can't file a motion to modify that order or to request of the court to prevent the move. The OP may want to seek a lawyer to help. As it stands now though, based on the OP's own words, the CP can move freely without consequence.
 
FYI

This OP received accurate advice elsewhere, too - despite none of us being NJ attorneys as he demanded.

Posters should also be aware that the vast majority of members are not attorneys, and we are all volunteers.
 
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