How to File an Injunction to Stop a Parent With Joint Custody from Moving Out of the State or Town

Joint custody requires that parents have access to the child.

If you've caught wind that your ex, with whom you have joint custody of a child, is planning on moving out of the area with your child, one of the first things you're going to want to do is try to stop it from happening. Because you have joint custody, it is against the law for the other parent to take the child to a new location without your consent and you can ask the court to prevent the move from happening or force the parent to return to the area.

Instructions

1. Gather evidence that the other parent is trying to restrict access to the child, such as an email from the parent suggesting the move will make it difficult for you to see the child. The other parent will need to prove that the move is in the best interest of the child and that you would still have access. You don't necessarily have to do this as the parent is likely violating the law by moving, but it will bolster your case.

2. Go to your local court and tell the clerk that you have joint custody of the child and you want to file a petition to prevent the other parent from moving out of the area with the child. Fill out the forms the clerk will provide you. Include any evidence you brought with you.

3. Pay any filing fee associated with the petition, which may vary by state or locality.

4. Wait for the judge to respond, which may take a few weeks and therefore may not stop an immediate move by the parent. However, if your petition is heard, it could result in charges against the parent and the courts may force the parent to return to the area.

References

• Woman's Divorce: Relocation and Child Custody
• Separated Parenting Access and Resource Center; Recent Case Law On Relocation of the Custodial Parent; Nadine Roddy
• Divorce Headquarters: New Jersey Divorse FAQs