Originally from Dispute Resolution Journal

DOMESTIC RELATIONS—SEPARATION AGREEMENT—VISITATION RIGHTS—ALIMONY ARREARSPUBLIC POLICY—C.P.L.R. § 7511—NEW YORK

The arbitration award could not be confirmed because it was not "final and definite," as required by C.P.L.R. § 7511, and it violated the public policy of the state. The Sobels submitted a breach of their separation agreement question to arbitration, pursuant to a provision in that agreement. The husband sought a cancellation of alimony arrears and a release of future child support obligation because the wife removed the children from the country for seven years, and, upon return, frustrated the husband's visitation attempts for another four years. The arbitrator awarded the wife alimony arrears and future child support contingent on her compliance with a visitation program, to be worked out between the parties. In the event they were unable to agree within three months, the matter was to be resubmitted to the arbitrator for a binding decision on the terms and conditions of the visitation program. The parties did not reach agreement, and the husband sought to have the arbitrator modify the award, but the arbitrator had died. The husband therefore cross-moved to vacate the award when his wife petitioned for confirmation. The court agreed with the husband that, because the award was not "final and definite," as required by the New York Civil Practice Law and Rules § 751](b)(iii), it could not be confirmed. Moreover, the court noted that the wife's removal of the children violated the state's public policy, and therefore a confirmation of the arbitral award "would encourage a violation of the public policy of this stat, that is, to allow both parents to be with their children and for the children to be nurtured and guided by their father." The court then remanded the case to a new arbitrator for a determination of future child support and visitation rights,

Sohel v. Sobel, N.Y.L.J., May 12, 1982, p, n , col. 1 (Sup. Ct,, N.Y, Cty,).