Schmid v. Haines

Plaintiff, Virginia Holder (formerly Polanski), and defendant, Benjamin H. Polanski, formerly husband and wife, separated on April 1, 1985, and were divorced by a judgment dated September 19, 1986. Holder had a son by a prior marriage, and two children were born of her marriage to Polanski: Katie in 1980 and Melissa in 1982. The trial court denied Holder permission to move to Connecticut with the children. In an unreported opinion, the Appellate Division affirmed. We granted certification, 108 N.J. 656 (1987), and now reverse and remand to the Chancery Division, Matrimonial Part. We conclude that Holder justified her move to Connecticut but because Polanski has had residential custody of the children for nearly two years, a further hearing is necessary to determine the custodial arrangement that will be in the best interests of the children.