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.