Fawzy v. Fawzy
Supreme Court of New Jersey
973 A.2d 347 (N.J. 2009)
Christine Fawzy (plaintiff) filed for divorce from Samih Fawzy (defendant) after 14 years of marriage and two children. On the day of their divorce hearing, the Fawzys agreed to arbitrate property division, custody, and support, and the trial judge warned them the arbitrator's decision would not be appealable before entering judgment on the agreement. The arbitrator awarded joint legal custody with primary physical custody to Christine and a detailed parenting-time schedule for Samih. Samih's appeal to the trial court was denied, but the appellate division reversed on the theory that custody and parenting-time issues cannot be resolved through binding arbitration at all, and the New Jersey Supreme Court granted review.
Whether an arbitration award resolving child-custody and parenting-time issues in a family-law matter may be vacated for reasons beyond the limited grounds set out in New Jersey's Arbitration Act, or only where necessary to prevent harm to the child.