The Supreme Court has granted certification and will hear argument in the case of Johnson v. Johnson. In essence the Supreme Court has agreed to decide whether retroactive application is warranted of its ruling in Fawzy v. Fawzy that parents can arbitrate child custody issues if a thorough record is kept. We have blogged on the Fawzy decision in the past.
In Johnson, the Appellate Division held that Fawzy v. Fawzy, 199 N.J. 456 (2009), should be given pipeline retroactivity "where it will serve the interests of justice by permitting currently litigating parties to resolve their claims on the merits." However, they would not apply the ruling to all previously arbitrated cases because "… application of full retroactivity risks significantly and negatively impacting the administration of justice by inundating the courts with motions for vacation of arbitration awards regarding child-custody and parenting-time issues that resulted from procedures deviating from those outlined in Fawzy, … yet which had been reasonably satisfactory to the parents."
When the matter is decided, we will report back.