A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
proceed pro se. Where a party appears pro se, the ABA STANDARDS RELATING
TO TRIAL COURTS provide that “the court should take whatever measures may be
reasonable and necessary to ensure a fair trial.” 53 In addition to encouraging the
pro se litigant to obtain counsel or making the appropriate referral for legal
services, these measures include “ask[ing] such questions and suggest[ing] the
production of such evidence as may be necessary to supplement or clarify the
litigants’ presentation of the case.” 54
Judges “report that most pro se litigants will be satisfied with the result if the
judge is courteous, appears to take their cause seriously, and will take the time to
explain the reasons for the ruling or the verdict.” 55 Judge Tom Warren of
Washington State provides tips on “how to remain sane” in pro se proceedings:
Keep absolute control of the structure of the trial or hearing.
Require that all testimony be directed to the judge. I am careful to
let the parties state everything that they want to present, but
prohibit interruption of their opponent’s testimony or
presentation.
By my questioning of parties and witnesses, after their initial
presentation I guide the proceeding to the important issues and
avoid the inevitable effort to talk endlessly about facts or incidents
which are not necessary to deciding the questions before the
court. 56
Judge Kathleen O’Ferrall Friedman also reminds judges that, in dealing with a pro
se litigant, “it is always important to do everything on the record.” 57
Expeditious Decision Making
Court Improvement
Throughout this nation, many state courts are undertaking major efforts to
improve their handling of family law cases. In particular, almost all states
currently have court improvement programs designed to address the handling of
child abuse and neglect cases. 58 Moreover, numerous courts have implemented or
are considering the establishment of unified family court systems, problem-solving
courts, and case management systems. These systems are designed to address
both the legal and non-legal needs of families. The court facilitates access to
services for families to help address problems such as poverty, substance abuse,
lack of access to mental health care, co-parenting issues, high conflict custody, and
domestic violence. The holistic wellness of children is also receiving increased
attention, addressing issues such as the child’s educational, health-related, and
spiritual needs. Much can be learned from these courts’ experiences in
implementing systemic reforms designed to benefit children and their families.
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