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To Relocate, or Not to Relocate; Was That Even the Intriguing Question in <b><i>Bisbing</i></b>?

By Laurence J. Cutler and Alyssa M. Clemente

As of August 2017, the seminal case in New Jersey deciding the issue of the appropriate legal standard for a divorced parent seeking to relocate outside of the state is Bisbing v. Bisbing, __ N.J. ___ (2017). This case is an important example that can be used to explore this topic throughout the country. Not only did it redefine the legal standard to be applied when a parent seeks to relocate, but the New Jersey Supreme Court did so, effectively, sua sponte, with only slight presentation of the issue by an amicus. That is to say, the court reversed its own prior decision when that was not the precise issue being appealed.

Because of this, two thought-provoking issues arise: First, there is the substantive issue addressing the standard for a custodial parent seeking to relocate outside of a state, and, second, there is the institutional issue of a state's highest court changing an earlier, precedential decision. The first of these issues is discussed herein, while the second issue will be explored more fully in Part Two of this article.

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