One of the most vexing issues in custody litigation is the amount of time it takes to obtain relief from the courts. There is an old adage that “the wheels of justice grind slowly, but exceedingly fine.” “Slowly” is a relative term. To a small child, six months may be the equivalent of a decade; two years might seem an eternity. In today’s court system, one would be lucky to obtain a decision on a motion in less than six months. Before the pandemic, in light of all the procedural obstacles and delays, the estimated wait time for obtaining a custody decision was two years. Today, it is anyone’s guess.

The pandemic has slowed the processing of cases, particularly those that require judicial intervention and especially those that require a hearing. Custody determinations require both. These procedural obstacles are amplified in Supreme Court where custody issues are only decided by a judge; custom dictates that they cannot be delegated to a referee, special master, or arbitrator. In Family Court, on the other hand, custody issues can be heard by a judge or by a referee on consent or, in certain instances, on motion. See CPLR §4317.

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