Judge J. Machelle Sweeting

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Petitioner mother sought to modify a 2013 parenting agreement to permit her to relocate from New York to Livingston, New Jersey with her two children. Petitioner testified that she is seeking to relocate because of the available economic and educational benefits available to the children. In opposition to the petition, the children’s father testified that the mother’s move is motivated by her relationship with her boyfriend and her desire to be closer to him, and that relocation would negatively impact his relationship with the children. The court disagreed, finding the record devoid of any evidence in support of the father’s claims. The court added that the record, instead, reflects that the father’s time not spent with the children is due to the father’s own unavailability and/or unwillingness to comply with the terms and conditions of the parties’ parenting agreement. The court concluded that the mother’s relocation to New Jersey and enrollment at the Kushner School in New Jersey are both authorized pursuant to the terms and conditions of the parties’ parenting agreement and in the children’s best interest. The court noted that the mother’s decision to enroll the children at the Kushner School was made after considerable deliberation.

Judge J. Machelle Sweeting

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Petitioner mother sought to modify a 2013 parenting agreement to permit her to relocate from New York to Livingston, New Jersey with her two children. Petitioner testified that she is seeking to relocate because of the available economic and educational benefits available to the children. In opposition to the petition, the children’s father testified that the mother’s move is motivated by her relationship with her boyfriend and her desire to be closer to him, and that relocation would negatively impact his relationship with the children. The court disagreed, finding the record devoid of any evidence in support of the father’s claims. The court added that the record, instead, reflects that the father’s time not spent with the children is due to the father’s own unavailability and/or unwillingness to comply with the terms and conditions of the parties’ parenting agreement. The court concluded that the mother’s relocation to New Jersey and enrollment at the Kushner School in New Jersey are both authorized pursuant to the terms and conditions of the parties’ parenting agreement and in the children’s best interest. The court noted that the mother’s decision to enroll the children at the Kushner School was made after considerable deliberation.