Harvey v. Harry

680 N.W.2d 835 (2004)

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Nature of the Case

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Facts

Two daughters were born to H and W. In February 2000, W filed a complaint for divorce. H and W opted for a form of alternative dispute resolution. The circuit court entered a consent order, approved by both parties' counsel, for binding arbitration. H and W agreed that the friend of the court would determine the custody of their children and that the circuit court could not review the decision. The circuit court entered the friend of the court's recommended order awarding sole custody of the children to H and denied W's motion for a hearing to review the matter. W appealed. The Court of Appeals concluded that the parties were entitled to have the circuit court review the custody determination. It held, 'an agreement for a binding decision in a domestic-relations matter with no right of review in the court, is without statutory support.” The Court of Appeals vacated the circuit court's order and remanded the case for a hearing de novo. H appealed.