A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
family’s situation[,]” thereby making it “more likely [they will] make decisions
consistent with the best interests of the child.” 71 This approach may help to avoid
the scenario in which unreasonable delays lead to multiple judges presiding over a
case, resulting in wasted court time as different judges rehear the same evidence.
Direct calendaring also expedites enforcement of court orders and rulings on
change of custody petitions.
Scheduling for Credible Court Dates
Hearings should be scheduled for and conducted on a day and time certain. 72 If a
hearing is contested, it should be started on the day and time planned, and
completed within a continuous period of days. 73 You should make it a priority to
allocate sufficient, uninterrupted time to hear cases.
In cases likely to be contested, pretrial conferences should be scheduled to enable
judicial officers and all counsel for the parties to identify issues, resolve service of
process problems, and estimate trial time. 74 If appointment of counsel is
appropriate for the parties, including the child, this appointment should occur at
the earliest stages of the proceedings. 75 Delays should not result because a party
does not have an attorney or an attorney is not fully apprised by the court of
“firm” future court dates. 76
Court orders should clearly specify the date and time for future appearances. 77
Regarding continuances, the court should instruct litigants and their attorneys that
“trial dates are firm.” 78 As the same time, attorneys and parties must be educated
on how children will be detrimentally impacted by litigation delays. The
RESOURCE GUIDELINES advocate that courts establish firm and consistent
continuance policies:
Continuances should not be allowed because hearing dates prove
inconvenient for attorneys and parties. Continuances should be
granted only when attorneys or parties are ill; essential witnesses
cannot be located; or service of process has not been completed.
Neither should continuances be granted based upon the stipulation
of the parties. 79
Furthermore, courts should not permit administrative personnel to grant
continuances and should require the reason(s) for a continuance to be
documented in the record. 80
Case Tracking
Judges and court administrators should consider the implementation of case
management tracking systems that can assist judicial staff in their efforts to make
timely case decisions. The RESOURCE GUIDELINES advocate the use of tickler
systems, court staff to contact parties and remind them of various deadlines, and
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