A standard of New Jersey family law was overturned on Tuesday in a unanimous decision. For sixteen years the determination for child relocation as determined by Baures v. Lewis had stated that a custodial parent could relocate to another state with a child so long as the move was made in good faith and was not ‘inimical to the child’s best interests.”Presiding over the case of Bisbing v. Bisbing, Judge Anne Patterson in writing for the court explained that this ruling would set a new precedent of trial judges determining whether relocation would be in the “best interests” of the children involved.
Social science once dictated that a child fared better when the custodial parent’s interest were satisfied, so long as to not be detrimental to the child. The new ruling would put the focus on the interests of the child. Much like a great many avenues of scientific research, social science offers no absolutes. One of the stated reasons for the ruling, the best interests of the parent being of oneness to the decision had never reached consensus.
Now moving forward the standard of New Jersey family law will be responsible for determining the path to promoting the child’s best interests.
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Link to article New Jersey Law Journal