[ §658J-7] Motion for judicial relief.
183 words·~1 min read·
/hi/658j-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[ §658J-7] Motion for judicial relief.
(a)A motion for judicial relief under this chapter shall be made to the court in which a proceeding is pending involving a family law dispute subject to arbitration or, if no proceeding is pending, a court with jurisdiction over the parties and the subject matter.
(b)Upon motion of a party, the court may compel arbitration if the parties have entered into an arbitration agreement that complies with section 658J-5 unless the court determines under section 658J-12 that the arbitration should not proceed.
(c)Upon motion of a party, the court shall terminate arbitration if it determines that:
(1)The arbitration agreement is unenforceable;
(2)The family law dispute is not subject to arbitration; or
(3)Under section 658J-12, the arbitration should not proceed.
(d)Unless prohibited by an arbitration agreement, upon motion of a party, the court may order consolidation of separate arbitrations involving the same parties and a common issue of law or fact if necessary for the fair and expeditious resolution of the family law dispute. [L 2017, c 113, pt of §1]