Rule 5:3-8.Review and Enforcement of Arbitration Awards

Last amended September 1, 2015 · Current through September 1, 2026 · Last verified September 8, 2026

In one sentenceRule 5:3-8 sets how the court reviews and confirms family arbitration awards, applying ordinary statutory grounds to economic awards but adding record and reasoning requirements — and a harm-to-a-child safeguard — for custody, parenting time and child support.

Full Text of Rule 5:3-8

Text sizeJump to: (a) (b)

(a) Confirmation of Final or Interim Economic Awards. Except for child support awards that are governed by paragraph (c), either party may apply to the court by motion, the return date for which may be shortened by the court pursuant to R. 1:6-3(a), or summarily pursuant to R. 5:4-1 if no other family action is pending, to confirm a final or interim arbitration award. The court shall confirm and enter a judgment in conformity with the final award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim award of the arbitrator, unless the court determines to correct, modify or vacate the final or interim arbitration award pursuant to the procedures and standards set forth in the Uniform Arbitration Act, N.J.S.A. 2A: 23B-23 or 24 (unless the parties have expanded the scope of review under N.J.S.A. 2A:23B-4(c)); the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-13 or 14; any other applicable statute; or any other agreed upon framework.

(b) Confirmation of Final or Interim Custody and Parenting Time Awards. Either party may apply to the court by motion, the return date for which may be shortened by the court pursuant to R. 1:6-3(a), or summarily pursuant to R. 5:4-1 if no other family action is pending, to confirm a final or interim child custody and parenting time arbitration award. The court shall confirm and enter a judgment in conformity with the final custody and parenting time award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim custody and parenting time award of the arbitrator unless the court finds that:

(1) a record of all documentary evidence has not been kept; or

(2) the award does not contain detailed written findings of fact and conclusions of law; or

(3) that a verbatim record of the proceedings was not made, in which case any interim or final award shall be subject to vacation and review de novo by the court; or

(4) there is evidential support establishing a prima facie case of harm to a child, in which event the court shall conduct a hearing and if, after that hearing, there is a finding of harm to a child, the parties' choice of arbitration shall be invalidated, the court shall vacate the interim or final award and determine de novo the child's best interest. If there is no finding of harm to a child, the court shall confirm and enter a judgment in conformity with the final award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim award of the arbitrator, unless the court determines to correct, modify or vacate the final or interim arbitration award pursuant to the procedures and standards set forth in the Uniform Arbitration Act, N.J.S.A. 2A: 23B-23 or 24 (unless the parties have expanded the scope of review under N.J.S.A. 2A:23B-4(c)); the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-13 or 14; any other applicable statute; or any other agreed upon framework.

Either party may apply to the court by motion, the return date for which may be shortened by the court pursuant to R. 1:6-3(a), or summarily pursuant to R. 5:4-1 if no other family action is pending, to confirm a final or interim child support arbitration award. The court shall confirm and enter a judgment in conformity with the final child support arbitration award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim child support award of the arbitrator unless the court finds that there is evidential support establishing a prima facie case of harm to a child, in which event the court shall conduct a hearing and if, after that hearing, there is a finding of harm to a child, the parties' choice of arbitration shall be invalidated, the court shall vacate the interim or final award and determine de novo the child's best interest. If there is no finding of harm to a child, the court shall confirm and enter a judgment in conformity with the final award of the arbitrator, or confirm and enter a pendente lite order in conformity with an interim award of the arbitrator, unless the court determines to correct, modify or vacate the final or interim arbitration award pursuant to the procedures and standards set forth in the Uniform Arbitration Act, N.J.S.A. 2A:23B-23 or 24 (unless the parties have expanded the scope of review under N.J.S.A. 2A:23B-4(c)); the New Jersey Alternative Procedure for Dispute Resolution Act, N.J.S.A. 2A:23A-13 or 14; any other applicable statute; or any other agreed upon framework.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “Note” beneath the rule. It is reproduced verbatim below; a “Source” line names the former rule the current one grew out of, and “R. (1969)” citations refer to the earlier numbering it replaced.

Note: Adopted July 27, 2015 to be effective September 1, 2015.

Plain-English Summary

Either party may move to confirm an award, or proceed summarily if no other family action is pending. For economic awards the court confirms and enters judgment unless it decides to correct, modify or vacate under the standards in the arbitration statutes or another agreed framework.

Awards about children are reviewed more closely. The court will not confirm a custody or parenting time award if a record of all documentary evidence was not kept, or the award lacks detailed written findings of fact and conclusions of law. If no verbatim record of the proceedings was made, the award is subject to vacation and review de novo.

The strongest safeguard is the fourth. Where there is evidential support establishing a prima facie case of harm to a child, the court holds a hearing; if it then finds harm, the parties' choice of arbitration is invalidated, the award is vacated, and the court determines the child's best interests itself. Absent a finding of harm, the award is confirmed subject to the ordinary statutory grounds. The same harm-to-a-child test governs child support awards.

Frequently Asked Questions

Can a court refuse to confirm a custody arbitration award?

Yes. It will not confirm where a record of all documentary evidence was not kept or the award lacks detailed written findings of fact and conclusions of law, and an award made without a verbatim record is subject to vacation and review de novo.

What happens if arbitration may have harmed a child?

On evidential support establishing a prima facie case of harm, the court holds a hearing. If it finds harm, the choice of arbitration is invalidated, the award is vacated, and the court determines the child's best interests de novo.

How is an economic arbitration award reviewed?

The court confirms it and enters judgment unless it corrects, modifies or vacates under the procedures and standards of the applicable arbitration statute or other agreed framework.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court, Part V (N.J. Ct. R. 5:3-8). Prescribed by the Supreme Court of New Jersey. The plain-English summary is original and written by us. Last verified September 8, 2026. · Official source

Also known as: confirm arbitration awardvacate arbitration awardreview of arbitration awardde novo reviewharm to a child