Relocation Without a Plenary Hearing

sstark on February 21, 2006

Dole v. Dole

Virtually every relocation case (when the custodial parent is seeking to relocate with the children to another state) involves conflicting factual allegations and, often, diametrically opposed perceptions of the impact of such a move on the children. Our Courts have consistently held that such factual conflicts can only be resolved after a plenary hearing in which the Court takes testimony and makes findings of fact, and cannot be decided simply upon the parties written submissions.

In Dole v. Dole, Judge Jack Sabatino, a Family Part Trial Judge temporarily assigned to the Appellate Division, wrote a carefully worded opinion that permitted a mother to relocate the children without a plenary hearing. Judge Sabatino acknowledged that that most cases would require a plenary hearing, but if there are no legitimate factual issues, the Court should permit the move without requiring a hearing.

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One Reply to “Relocation Without a Plenary Hearing”

  1. Sandy Durst February 24, 2006 at 4:47 pm

    The deeply factually specific nature of relocaton requests is highlighted by the subsequent decision of Appellate court decision in Orrico v. Orrico. In this matter the Appellate Court found the trial court to be in error in permitting the relocation without conducting a plenary hearing.

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