In re the Arbitration between Michelman & Michelman

Motion to compel arbitration is denied. While a right of visitation is involved as against a right of custody, as in Matter of Hill (199 Misc. 1035) one of the cases there relied upon withheld approval of an award of arbitrators which was concerned with a right of visitation (Wattman v. Wattman, N. Y. L. J., Jan. 15, 1940, p. 221, col. 7). Either custody or visitation, however, is a matter involving the well-being of a child. This well-being is not only the primary object of parents, as was recognized by the parties to the agreement sub judice, but is also a primary interest to the State…