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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
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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