MacKinnon v. MacKinnon

After fifteen years of marriage, Erika MacKinnon, a Japanese citizen, and Ronald MacKinnon divorced. Claiming that she is isolated and unhappy in the United States, Mrs. MacKinnon requested permission, pursuant to N.J.S.A. 9:2-2, to return to her home country with the couple’s minor daughter Justine. The trial court granted the request, finding that Mrs. MacKinnon had a good-faith reason for the move and that relocation would serve the daughter’s best interests. The Appellate Division affirmed.

In this appeal, we must determine whether the standard for removal of minor children of divorce,…