The divorce decree provided for arbitration. The parties had joint custody and a parenting schedule. The decree stated that, “The matters of camp, medical decisions and the regular parenting time schedule are the only matters which shall be arbitrated.” Husband filed for arbitration. He argued that wife had missed a lot of her parenting time. This interfered with the parenting schedule.
The Trial Judge said that the Arbitration Act required that “a) A party shall set forth the issue to be arbitrated and the resolution of the issue sought by that party.” Wife argued that Husband did not specify a resolution. He wanted Mother to keep up with her visitation schedule. The Trial Court dismissed father’s request for arbitration.
The Appellate Court reversed. The parties’ divorce decree provided that they would go to arbitration. They did not need to go through any additional steps to get there.
There was a conflict over the propriety of mother’s frequent forfeitures of parenting time. The arbitration clause in parties’ parenting agreement, for matters of regular parenting time schedule, applied.
In re Marriage of Golden, 2012 IL App (2d) 120513 (August 13, 2012) 2d Dist. Lake Co.
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