Your question raises some very difficult issues, and I am sorry that you are experiencing this. However, pertinent facts were missing from your synopsis which would help a lawyer, especially one experienced in family law, be better able to guide you. Based on the reference to your PSA, you certainly have a hook. However, pursuant to the UCCJEA, your children's "home state" can now be considered Virginia. It is very relevant what your PSA or the Order allowing the move stated about jurisdiction, etc. because WHERE an application would be filed, regardless of what you are file, is an overarching question at this stage. Additionally, you reference the concept of HER relocating back to NJ; it is not impossible but it is highly unlikely a Judge would order that she relocate. You may, based on a number of factors, be able to request the children's move back to NJ, but this is a highly fact-sensitive issue and turns on a lot of specific information which cannot be ascertained from your explanation above. I strongly urge you to consult with an experienced family lawyer who can review your documents, discuss the pertinent facts, and give you tailored advice on how to proceed. Good luck.
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Does your PSA state what state will have jurisdiction in case of conflict? You need to have an attorney of that state review your PSA. If it is silent on the state, then Virginia would be the children's home state.
Please be advised my answers to questions does not constitute legal advise and you should not rely on it, due to the fact that we have never met, I have not been aprised of the facts in you case nor have I reviewed any documents.
You will likely not have enough to force a change in custody from VA to NJ
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