Nature of the Case
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Facts
M and Gunjit (H) separated. They subsequently entered into a settlement agreement later that year which resolved all issues arising from their marriage, including custody and visitation matters involving their two children, then aged eleven and two. M received primary custody, and the parties consented to submit any future disputes regarding child support or visitation to a mutually agreed-upon arbitrator, specifically providing that his or her decision would 'be binding and non-appealable.' The family court approved the agreement and granted the parties a divorce in February 2013. F filed an action in family court seeking modification of custody, visitation, and child support, alleging M had violated a provision of the agreement when she failed to return to South Carolina with the children after embarking on a cross-country tour as a motivational speaker. Four family court judges issued decisions. All four upheld the decision to arbitrate. The arbitrator-a well-respected Charleston family law attorney and mediator-issued a 'partial' arbitration award in August, finding a substantial and material change of circumstance affecting the welfare and custody of the minor children, and awarding F temporary custody. A thirty-two-page final arbitration award was issued the next month, awarding custody to F. A fifth family court judge issued an order in January 2015 confirming both the partial and final arbitration awards. M filed a motion for emergency relief, asking the court to vacate the arbitration awards and the prior court orders approving the parties' agreements to arbitrate. the court issued an order confirming both the partial and final arbitration awards 'with finality' and denied the motion seeking to vacate the awards. M filed five separate Rule 60(b)(4), SCRCP, motions to vacate all the orders approving the parties' agreements to arbitrate. M appealed.
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