7-1-09 Christine Saba Fawzy v. Samih M. Fawzy (A-38/39-08)
The constitutionally protected right of parental autonomy
includes the right of parents to choose the forum in which to
resolve their disputes over child custody and parenting time,
including arbitration. An agreement to arbitrate must be in
writing or recorded and must establish that the parties are
aware of and have knowingly and voluntarily waived their rights
to a judicial determination. A record of documentary evidence
adduced during the proceedings must be kept; testimony must be
recorded; and the arbitrator must issue findings of fact and
conclusions of law in respect of the award. The arbitrator’s
award is subject to review under the Arbitration Act, N.J.S.A.
2A:23-B-1 to -32, except that judicial review is also available
if a party establishes that the award threatens harm to the
child.
Richard Sadowski
Assistant Editor
