Legal Opinion
Fawzy v. Fawzy
Supreme Court of New Jersey
Decided July 1, 2009No. A-38/39 September Term 2008PublishedCited by 43 opinions
1Opinion of the CourtJustice Long
At issue in this appeal is whether parties to a matrimonial action may agree to submit questions regarding child custody and parenting time to binding arbitration, and if so, what standard of review will apply. More particularly, we have been asked by a matrimonial litigant to declare arbitration of issues involving children an affront to the exercise of our parens patriae jurisdiction. Alternatively, we have been requested to establish a best-interests standard as the basis for judicial intervention into an other-wise binding arbitration award.
We hold that within the constitutionally…
2Cases cited26 opinions
- Wisconsin v. YoderSupreme Court of the United States · 1972
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Pierce v. Society of SistersSupreme Court of the United States · 1925
- Prince v. MassachusettsSupreme Court of the United States · 1944
- Parham v. J. R.Supreme Court of the United States · 1979
21 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Milne v. GoldenbergNew Jersey Superior Court Appellate Division · 2012
- NAACP of Camden County East v. Foulke Management Corp.New Jersey Superior Court Appellate Division · 2011
- Kernahan v. Home Warranty Adm'r of Fla., Inc.Supreme Court of New Jersey · 2019
- Minkowitz v. IsraeliNew Jersey Superior Court Appellate Division · 2013
- Cole v. Jersey City Medical CenterSupreme Court of New Jersey · 2013
38 more not listed; retrieve them via the Exa API.