Solving the Hearing Problems in Custody Litigation
This article provides look at what the authors believe to be a feasible solution to the procedural obstacles created by the hearing requirement in custody cases including the need for judges to clarify and expand the applicability of the currently narrow exception to the requirement.
December 23, 2021 at 02:00 PM
7 minute read
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.
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