What if the Court Fails to Rule Promptly on Custody

I am not a lawyer and this is not legal advise.

Someone asked what he could do about a court that has failed to rule on a custody
order in a timely fashion, and what the time limits are for that matter.

Dan Diebolt replied brilliantly. See below.

Feel Free to Adapt the following argument and authorities:

This Child Custody Act is equitable in nature and shall be liberally construed and
applied to establish promptly the rights of the child and the rights and duties of
the parties involved. MCL 722.26(1).� Despite the legislator�s clear
mandate to promptly act, the trial court judge has repeatedly:

a. failed to hold a hearing in 56 days pursuant to MCR 3.210(C)(1);

b. failed to make a decision in 28 days pursuant to MCR 3.210(C)(3);

c. failed to give precedence for child custody hearing pursuant to MCL 722.26(1);

d. failed to abide Canon 3(A)(5) of the Code of Judicial Conduct which requires a
judge to dispose promptly of the business of the court;

e. failed to give precedence to contests over custody pursuant to MCR 2.501(B);

f.failed to abide Administrative Order 1991-4 which contemplated that all matters
involving minor children be settled, tried or otherwise concluded within 12 months
of the date the case was filed;

g. failed to establish promptly the rights of the child and the rights and duties
of the parties involved pursuant to MCL 722.26(1);

h. failed to abide Administrative Order 2003-7 appertaining to Circuit Court

Guidelines for Child Custody Issues, calling for 100% adjudication of all child
custody cases within 238 days and failed to make a decision within 35 days after
submission; and

i. failed to manage the flow of cases in his court.