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NJ Supreme Court Allows Arbitration for Parenting Arrangements…with some Caveats

I previously have written about a New Jersey appellate decision in the case of Fawzy vs. Fawzy.  In that case, the appellate panel disallowed the use of binding arbitration to determine parenting arrangement for children in a divorce, arguing that the court can not delegate to others its own parental obligations of making sure things are done in the best interests of the children.  Arbitration is the use of a private judge to determine the outcome of a dispute.  It is optional for the parties.  Parties usually choose to arbitrate a matter because you can engage an “expert” judge who can render a decision far more quickly (and hopefully less expensively) than the court.  The disadvantage is that arbitration decisions are appeal-able only on very narrow grounds.

Last week, the NJ Supreme Court unanimously overturned the appellate panel’s decision, but added several caveats when arbitration is used in a parental setting.  The court held:

This ruling gives parents a greater latitude in choices while still protecting the best interests of the children.

Categories Divorce Mediation and Law
Tags Arbitrationdivorceparenting
Marvin Schuldiner :