In practice, however, application of the standards is less laudatory. The primary problems are access to our decision makers and when access is granted the manner in which litigation is conducted. Custody issues are generally not addressed promptly. We need expeditious decisions based upon a complete record, which reduce litigation costs, hasten the fade of acrimony, and foster more consistent and well-reasoned decisions. Instead, custody decisions come after many months or years.
Costs increase, acrimony perpetuates, and decisions are based upon pieces and parts litigation.
Perhaps, docket congestion can be blamed for litigation woes. Judicial apathy certainly contributes. Judicial loathing can additionally create decisions which are cursory, delayed and inconsistent. The judiciary's and bar's failure to pursue ongoing legal education contributes to the cause, as well. Whatever the cause, custody litigation is rarely, if ever, addressed within 56 days.