DAVID JOHNSON V. MOLLY V.G.B. JOHNSON
A-0704-08T1 12-21-09
In this appeal from an order confirming an arbitral award
respecting custody and parenting time, we conclude that Fawzy v.
Fawzy, 199 N.J. 456 (2009), should be given pipeline retroactive
effect. As a result, we reverse and vacate the arbitral award
because the arbitration agreement prohibited a transcript of the
proceedings. Without an adequate record, the Family Part judge
could not evaluate the threat of harm to the children.
