There is a trend in the United States and Canada today toward settlement of cases out of court. Courts are trying to get out of the custody business, and to encourage parents to work these matters out themselves. There are many ways to settle a case, rather than have a judge decide all the issues. The parents can talk together. Or meet with their lawyers.
Mediation is another popular method of settlement.
This is especially beneficial to the children involved, as it is not divorce or separation per se that negatively affects a child, but the anger between the parents. Some judges have awarded custody to fathers because of the mothers' anger. The reason was that the mother's anger was so great it was believed that this was the only way that the father could have a relationship with the baby. If the parents can talk each week and work out visits that will be best for their child at that point, exercising flexibility will benefit their child. Young children need frequent and continuing contact with both parents, and a close bond with the father is promoted by frequent contact, seeing him every day if possible, rather than less frequent visits that involve lengthy separations from the mother.