Andrew Schepard, Director of the Center for Children, Families and the Law and Professor of Law, published the following article in The New York Law Journal.
Law and Children
Parents’ Constitutional Right to Choose to Arbitrate Custody Disputes
By Andrew Schepard
September 9, 2009
Andrew Schepard, a professor of law at Hofstra University School of Law and director of the Center for Children, Families and the Law, reviews a recent decision from the New Jersey Supreme Court which held that parents’ joint, informed decision to arbitrate a custody dispute is within the scope of their constitutionally protected right to raise their child and that custody arbitration awards should be subject to only the same circumscribed judicial review applied to other arbitration awards, a holding which contrasts sharply the ambivalence of New York courts toward arbitration of child custody disputes.