Contracting for Arbitration in Custody Disputes: Parental Autonomy vs. State Responsibility

Authors

Christina Fox, Benjamin N. Cardozo School of Law

Abstract

New York and New Jersey are so close in location, but so far apart in their respective policies toward binding arbitration in child custody matters. Even though most family law matters now involve forms of alternative dispute resolution ("ADR"), courts are deeply divided on whether binding arbitration should be allowed in child custody disputes, and over which standard to adopt in reviewing custody arbitration awards. While New York has repeatedly disallowed binding arbitration in child custody, New Jersey has recently joined other states in approving binding arbitration and enforcing a parent's contractual determination of his child's welfare. The question is whether binding arbitration in child custody disputes is a "positive step forward for domestic relations dispute resolution or a step further away from protecting the needs of the most important people involved-the children." The purpose of this Note is to argue the latter position.

Disciplines

Dispute Resolution and Arbitration | Law

Recommended Citation

Christina Fox, Contracting for Arbitration in Custody Disputes: Parental Autonomy vs. State Responsibility, 12 Cardozo J. Conflict Resol. 547 (2011).
Available at: https://larc.cardozo.yu.edu/cjcr/vol12/iss2/12