The Supreme Court’s adoption of its civil summary judgment standards into family law rules should be rolled back or modified because of the unique demands of family law cases, particularly involving the care and custody of children, according to the Family Law Rules Committee.

In a December 7 oral argument with “a certain lack of adverse interest” as Chief Justice Charles Canady put it, two committee members argued against changes the court approved last July to Rule 12.510, copying changes justices made earlier to civil procedure rules.

“The [summary judgment] Rule 12.510 that previously existed, although imperfect, was not broken in family court and therefore does not require fixing,” said committee member Cory Brandfon, arguing against the changes. “It facilitated the appropriate, limited use of summary judgment in family court.”