This section contains the nature of the case and procedural background.

Virginia (W) and Benjamin (H) were married and had two children. W had a child from a previous marriage. They separated in 1985 and were divorced in 1986. W had physical custody of the children during the separation. W expressed her desire to move to Connecticut with the children based on a desire to live near her sister and brother in law who would provide emotional and financial support. W had been offered employment by her brother in law and planned to attend the University at Bridgeport. H opposed the move because of the distance between Flemington in New Jersey and New Canaan Connecticut. The trial court denied W permission to move to Connecticut with the children. W had not shown that the same benefits were not available in New Jersey as those claimed in Connecticut and had not established that such a move was in the best interests of the children. The Appellate Division affirmed. W moved anyway and got visitation rights similar to those granted H and left the two children with H. P appealed.

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