In this matter, Veronica McMahon, now Veronica Azzara, plaintiff, seeks permission from this court to relocate from New Jersey to Missoula, Montana, taking with her Katherine McMahon, age 8 years and Elizabeth McMahon who is nearly 7 years old. These two children were born of plaintiff's marriage to John J. McMahon, III, the defendant herein which took place on April 18, 1980. In accordance with the Judgment of Divorce with property settlement agreement attached, which was marked into evidence in this proceeding as P-1, the parties share physical custody of these children as follows:
(1) The Parties will share physical custody of the two children of the marriage as follows:
The children shall reside with the Wife
(2) The Husband shall have physical custody on the following:
a) Alternate weekends commencing Friday at the end of the Husband's workday and continuing until Sunday evening, the children to be returned to the Wife not later than 7:30 PM if the next day is a school day and 8:00 PM if it is not.
b) On alternate single day school holidays and alternate religious holidays -- Easter, Thanksgiving, Christmas Eve and Christmas Day and New Years Day.
c) Two days of visitation per week commencing at 5:30 PM and returning them to the Wife not later than 7:30 PM of the same evening, unless the next day is not a school day in which event they shall be returned not later than 8:00 PM. The parties agree that as the children become older, they will negotiate with respect to the hour of returning the children to the Wife.
d) The parties shall evenly split physical custody during Christmas vacation.
e) The parties shall share alternatively the Thanksgiving vacation from Thursday through Sunday, each parent to have visitation for the four days with the children.
f) The Husband shall have visitation with the children on Father's Day and Husband's birthday.
g) The parties shall mutually share the children's birthdays.
h) With respect to the summer vacation from school of the children for the first three years following this Agreement until the summer of 1991 the Husband shall have two weeks of visitation during the summer vacation with the children, not necessarily consecutive. Thereafter, the Husband shall have three weeks of visitation with the children during the summer vacation from school, not necessarily consecutive.
Further P-1 at paragraph 3 provides that: "The parties shall have joint custody with respect to decisions of medical, dental,
educational and religious matters." Paragraph 4 specifies: "The Husband and Wife at all times shall inform each other with respect to the residence of the children and the residence of each other and any changes of residence of each other."
Further, the Judgment of Divorce sets the level of child support at $350.00 per child per month upon the plaintiff vacating the marital home. Parenthetically, it should be noted that the defendant has satisfied his alimony obligation to plaintiff by a modest cash payment. The defendant purchased the plaintiff's interest in the marital home and intended to remain there as permitted pursuant to paragraph 9 of P-1. He remains living there today at 53 Clark Avenue, Bloomfield, Essex County, New Jersey. Plaintiff, on the other ...