In a Decision – B.G. v. E.G. . (an "Unreported Decision") >> the Court Held:
The Appellate Division held, that it was not necessary that the divorced parents be required to live within 15 miles of each other..
However, "the relocation of a child by the residential custodial parent from one location in New Jersey to another may have a significant impact upon the relationship between the child and the non-residential custodial parent that may constitute a substantial change of circumstances warranting modification of the custodial and parenting-time arrangement."
Here, the fifteen-mile limitation was addressed to advance the children's interests in maintaining contact with both parents once the divorce was final. However, the limitation was not supported by substantial credible evidence in the record. The expert only discussed his view of the optimal driving time between residences and acknowledged it was subjective. No one testified about a geographic limitation. The court also did not find that the limitation was in the children's best interests. The court did not explore whether there were other methods to maintain contact and, given the dysfunctional nature of the family relationships, made no finding that this limitation was necessary for the children.