14 New Jersey opinions name it 2 courts 2007–2026 3 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Baures v. Lewisgreen2 sentences2017Only if Glenn is unable to demonstrate that Jamie negotiated the MSA in bad faith and Jamie proves a substantial unanticipated change in circumstances occurred should she be accorded the benefit of the Baures analysis. 3 Baures v. Lewis, 167 N.J. 91, 116-18 (2001). 6 A-5047-14T1 II The legal authority governing a custodial parent's request for relocation is extensive and well-established. 2017Only if Glenn is unable to demonstrate that Jamie negotiated the MSA in bad faith and Jamie proves a substantial unanticipated change in circumstances occurred should she be accorded the benefit of the Baures analysis. 3 Baures v. Lewis, 167 N.J. 91, 116-18 (2001). 6 A-5047-14T1 II The legal authority governing a custodial parent's request for relocation is extensive and well-established. | 3 | 9 |
Shea v. Sheagreen2 sentences2017That principle was applied by the panel in this case, which held that if a remand hearing revealed that plaintiff manipulated the parties’ negotiations to gain an advantage in an anticipated relocation dispute, ‘“fundamental fairness’ requires the trial court to apply the ‘best interests of the child’ standard rather than the Baures standard.” Bisbing, supra, 445 N.J.Super. at 217 , 137 A.3d 535 (quoting Shea, supra, 384 N.J.Super. at 273-74 , 894 A.2d 711 ). *328 C. 2017That principle was applied by the panel in this case, which held that if a remand hearing revealed that plaintiff manipulated the parties’ negotiations to gain an advantage in an anticipated relocation dispute, ‘“fundamental fairness’ requires the trial court to apply the ‘best interests of the child’ standard rather than the Baures standard.” Bisbing, supra, 445 N.J.Super. at 217 , 137 A.3d 535 (quoting Shea, supra, 384 N.J.Super. at 273-74 , 894 A.2d 711 ). *328 C. | 2 | 4 |
MacKinnon v. MacKinnongreen2 sentences2017The Baures standard "accords particular respect to the custodial parent's right to seek happiness and fulfillment." MacKinnon v. MacKinnon, 191 N.J. 240, 257 (quoting Baures, supra, 167 N.J. at 97 ), stay denied, 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. 2017The Baures standard "accords particular respect to the custodial parent's right to seek happiness and fulfillment." MacKinnon v. MacKinnon, 191 N.J. 240, 257 (quoting Baures, supra, 167 N.J. at 97 ), stay denied, 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. | 2 | 2 |
Jaime Taormina Bisbing v. Glenn R. Bisbing, III (077533) (Sussex County and Statewide)green2 sentences2021Moreover, the progression in the law toward recognition of a parent of primary residence's presumptive right to relocate with children, anticipated . . . in Baures, has not materialized." [Bisbing, 230 N.J. at 330 .] Here, there is no evidence the trial judge applied the Baures factors. 2021Moreover, the progression in the law toward recognition of a parent of primary residence's presumptive right to relocate with children, anticipated . . . in Baures, has not materialized." [Bisbing, 230 N.J. at 330 .] Here, there is no evidence the trial judge applied the Baures factors. | 1 | 5 |
Paul Emma v. Jessica Evans (070071)green2 sentences2017Our decision to replace the Baures test with a best interests analysis is consonant with our opinion in Emma v. Evans, 215 N.J. 197, 216-23 , 71 A.3d 862 (2013). 2017Our decision to replace the Baures test with a best interests analysis is consonant with our opinion in Emma v. Evans, 215 N.J. 197, 216-23 , 71 A.3d 862 (2013). | 1 | 2 |
Pacifico v. Pacificogreen2 sentences2017See Pacifico v. Pacifico, 190 N.J. 258, 267 (2007) (permitting an evidentiary hearing to determine the parties' intentions when entering into a property settlement agreement). 14 A-5047-14T1 On remand, if Glenn is unable to demonstrate bad faith, Jaime has the opportunity of proving a substantial unanticipated change in circumstances to trigger the court's consideration of the Baures factors. 2017See Pacifico v. Pacifico, 190 N.J. 258, 267 (2007) (permitting an evidentiary hearing to determine the parties' intentions when entering into a property settlement agreement). 14 A-5047-14T1 On remand, if Glenn is unable to demonstrate bad faith, Jaime has the opportunity of proving a substantial unanticipated change in circumstances to trigger the court's consideration of the Baures factors. | 1 | 1 |
O'Connor v. O'Connorgreen2 sentences2017See O'Connor, supra, 349 N.J. 2017See O'Connor, supra, 349 N.J. | 1 | 1 |
Pinto v. Spectrum Chemicals & Laboratory Productsgreen2 sentences2017Prods., 200 N.J. 580, 598 (2010). 2017Prods., 200 N.J. 580, 598 (2010). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Laurent v. Herkert
neutral
2 sentences2017The Baures standard "accords particular respect to the custodial parent's right to seek happiness and fulfillment." MacKinnon v. MacKinnon, 191 N.J. 240, 257 (quoting Baures, supra, 167 N.J. at 97 ), stay denied, 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. 2017The Baures standard "accords particular respect to the custodial parent's right to seek happiness and fulfillment." MacKinnon v. MacKinnon, 191 N.J. 240, 257 (quoting Baures, supra, 167 N.J. at 97 ), stay denied, 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. | 2 | 2016–2017 |
Jaime Taormina Bisbing v. Glenn R. Bisbing, Iii
green
2 sentences2017That principle was applied by the panel in this case, which held that if a remand hearing revealed that plaintiff manipulated the parties’ negotiations to gain an advantage in an anticipated relocation dispute, ‘“fundamental fairness’ requires the trial court to apply the ‘best interests of the child’ standard rather than the Baures standard.” Bisbing, supra, 445 N.J.Super. at 217 , 137 A.3d 535 (quoting Shea, supra, 384 N.J.Super. at 273-74 , 894 A.2d 711 ). *328 C. 2017That principle was applied by the panel in this case, which held that if a remand hearing revealed that plaintiff manipulated the parties’ negotiations to gain an advantage in an anticipated relocation dispute, ‘“fundamental fairness’ requires the trial court to apply the ‘best interests of the child’ standard rather than the Baures standard.” Bisbing, supra, 445 N.J.Super. at 217 , 137 A.3d 535 (quoting Shea, supra, 384 N.J.Super. at 273-74 , 894 A.2d 711 ). *328 C. | 2 | 2017–2017 |
Atlantic Coast Lumber Corp. v. Langston Lumber Co.
green
2 sentences2017The Baures standard "accords particular respect to the custodial parent's right to seek happiness and fulfillment." MacKinnon v. MacKinnon, 191 N.J. 240, 257 (quoting Baures, supra, 167 N.J. at 97 ), stay denied, 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. 2017The Baures standard "accords particular respect to the custodial parent's right to seek happiness and fulfillment." MacKinnon v. MacKinnon, 191 N.J. 240, 257 (quoting Baures, supra, 167 N.J. at 97 ), stay denied, 551 U.S. 1177 , 128 S. Ct. 7 , 168 L. | 2 | 2016–2017 |
Schulze v. Morris
green
2 sentences2019Schulze, 361 N.J. 2019Schulze, 361 N.J. | 1 | 2019–2019 |
MacKinnon v. MacKinnon
neutral
2 sentences2007The panel concluded that “the move to Japan will not be inimical to Justine’s interests” and that the trial court’s ruling was “adequately supported by the evidence in the record.” We granted Mr. MacKinnon’s petition for certification, continued the stay entered by the Appellate Division pending disposition of this appeal, and ordered accelerated consideration of this matter. 190 N.J. 389 , 921 A.2d 444 (2007). 2007The panel concluded that “the move to Japan will not be inimical to Justine’s interests” and that the trial court’s ruling was “adequately supported by the evidence in the record.” We granted Mr. MacKinnon’s petition for certification, continued the stay entered by the Appellate Division pending disposition of this appeal, and ordered accelerated consideration of this matter. 190 N.J. 389 , 921 A.2d 444 (2007). | 1 | 2007–2007 |
New Jersey Division of Youth & Family Services v. M.M.
green
2 sentences2007The court’s well-reasoned judgment was buttressed by “adequate, substantial and credible evidence,” M.M., supra, 189 N.J. at 279 , 914 A.2d 1265 (quotation omitted), and therefore must stand. 2007The court’s well-reasoned judgment was buttressed by “adequate, substantial and credible evidence,” M.M., supra, 189 N.J. at 279 , 914 A.2d 1265 (quotation omitted), and therefore must stand. | 1 | 2007–2007 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.