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FAWZY v. FAWZY

A-38/39 September Term 2008

973 A.2d 347 (2009)

199 N.J. 456

Christine Saba FAWZY, Plaintiff-Appellant and Cross-Respondent, v. Samih M. FAWZY, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Brian G. Paul, Lawrenceville, argued the cause for appellant and cross-respondent (Szaferman, Lakind, Blumstein & Blader, attorneys).

Dale E. Console, Kingston, argued the cause for respondent and cross-appellant.

Peggy Sheahan Knee, submitted a brief on behalf of amicus curiae New Jersey State Bar Association (Ms. Knee, President, and Einhorn, Harris, Ascher, Barbarito & Frost, attorneys; Ms. Knee and bonnie C. Frost, Denville, on the brief).

Justice LONG delivered the opinion of the Court.

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...

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