WELLS FARGO BANK, N.A. VS. GEORGE TORNEY(F-30500-14, CAMDEN COUNTY AND STATEWIDE), A-1939-15T3

Background

Parties divorced in 2011; two minor children; October 17, 2011 consent order named mother (Bonelli/Murray) primary residential parent and set parenting-time schedule and a New Jersey "home county" restriction on removal.
December 6, 2012 consent order permitted mother to temporarily relocate with the children to Bucks County, Pennsylvania; any extension required a motion and showing best interests; New Jersey court retained jurisdiction.
In May 2015 mother moved to permanently relocate to Pennsylvania and sought modification of father’s parenting time (arguing he was not exercising weekday time); father opposed relocation and cross-moved to modify weekday time to Wednesdays and another weekday.
Court issued preliminary/amended decisions in August 2015 that contained inconsistencies about weekday parenting time; an August 28, 2015 order limited midweek time to one day; father objected and court issued a September 2, 2015 amended order restoring Tuesdays and Wednesdays.
Mother sought reconsideration; the court denied it on September 22, 2015, treating earlier omissions as clerical errors and concluding mother had agreed to continue temporary relocation and to the prior parenting schedule—mother appealed.
Appellate court found the record did not support a meeting of the minds on retaining the prior parenting schedule or abandoning a plenary Baures hearing; reversed and remanded for plenary hearing on permanent relocation and parenting-time modification (temporary relocation and the September 2, 2015 schedule to remain in effect pending remand).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was a plenary Baures hearing required before denying permanent relocation?	Bonelli argued the court denied due process by deciding relocation without a Baures plenary hearing.	Bonelli orally agreed to continue temporary relocation and thus no plenary hearing was necessary.	Court held record did not show agreement on permanent relocation; plenary hearing is required on remand.
Should the midweek parenting schedule be modified without a plenary hearing?	Bonelli contended she agreed only to temporary relocation subject to reduced midweek parenting (one day).	Bonelli had agreed to continue prior parenting schedule; any omission was clerical and restored.	Court found no meeting of the minds; remanded for plenary consideration of parenting-time modification.
Was the September 2, 2015 amendment correcting weekday parenting time proper without motion?	Bonelli argued defendant improperly sought reconsideration without proper procedure and that changes deprived her of rights.	Defendant sought restoration of Tuesday parenting time and court treated omission as clerical error.	Appellate court concluded the record did not support the court’s factual finding of agreement; remand required.
Should permanent relocation have been granted on the merits?	Bonelli argued she met Baures factors (years in PA, children in PA schools, stability, family formed).	Defendant argued move was not justified/would disrupt relationship; sought workable visitation schedule.	Appellate court did not decide merits; remanded for plenary Baures analysis if parties cannot consent.

Key Cases Cited

Baures v. Lewis, 167 N.J. 91 (N.J. 2001) (establishes prima facie burden and multi-factor test for relocation with child)
Cesare v. Cesare, 154 N.J. 394 (N.J. 1998) (standard of review for trial court factual findings)
Manalapan Realty, L.P. v. Township Comm. of Manalapan, 140 N.J. 366 (N.J. 1995) (appellate review deference for facts but not legal conclusions)
Rova Farms Resort, Inc. v. Investors Ins. Co., 65 N.J. 474 (N.J. 1974) (scope of substantial credible evidence review)