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At this time, the Third Circuit Court buildings are not open to the public for in-person business. All hearings and business services are being conducted remotely until further notice. These extraordinary measures are in place to protect the public and our staff during the COVID pandemic. for the Court's notice.

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The Friend of the Court FOC assists the court with custody, parenting time, and child support issues. Among other things, the FOC:. Investigates and makes recommendations about custody, parenting time, child support, and medical support.

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You may be able to opt out of FOC services if both parents agree to opt out. about opting out below. Some FOC offices use a process called conciliation near the beginning of a divorce or custody case. During conciliation, an FOC employee meets with the parties. Then, the FOC employee may make a recommendation for a temporary custody, parenting time, and child support order.

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This recommended order usually becomes a court order unless one of the parties objects. To learn more about how child support is calculated, read Child Support in a Nutshell. The court may also order the FOC to do an investigation in your case. An investigation is different from conciliation because the FOC worker tries to determine what the best custody and parenting time arrangements are.

The worker is not necessarily trying to get the parents to agree. The worker may also calculate child support. The FOC worker may talk to other people who have information about your children.

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This could include teachers, friends, and relatives. The FOC worker may also interview your children.

The FOC report will often include support recommendation. If a FOC report and recommendation are issued in your case, both parents will get a copy. You will have the chance to file an objection to the recommendation. If one or both parties object, the court usually holds a hearing to get more information.

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At the hearing, the parties can tell the court what they think it should do. The court considers the FOC report and recommendation and may give them great weight.

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However, the court is not bound by the recommendation and may reach a different decision on some or all of the issues. The court may enter temporary custody, parenting time, and child support orders in your case. These orders normally last until the parties can present evidence and arguments at a more detailed hearing.

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Temporary orders may get entered after conciliation, an FOC investigation, or a hearing in front of the judge. Mediation occurs when a neutral person the mediator meets with both parties to help them settle issues they don't agree on. The FOC in your county may provide services to mediate custody and parenting time disputes. The services are voluntary and confidential. If you do not reach an agreement with the other parent of your child, the FOC does not recommend anything to the court.

If you do agree, the agreement can be made a court order. Mediation is usually not recommended in cases involving domestic violence. For mediation to be helpful, there must be a balance of power between the parties. Both people must be able to speak freely and not be afraid or intimidated.

Friend of the court overview

Sometimes the court refers issues to a Friend of the Court referee for a hearing. A referee hearing is like a trial, but it is less formal. There is no judge and the referee runs the hearing. The issues that referees can hear are different in each county. Some issues that referees can cover include:. After a hearing, the referee will make a written recommendation to the court, which normally becomes an order unless one or both parties file an objection.

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Objections are heard by the judge, usually in a more formal hearing process. Even though a referee hearing may not be as formal as a hearing in front of a judge, it is just as important. If you would want a lawyer to go in front of a judge, you should have a lawyer for a referee hearing. After the referee issues a written recommendation, you will have an opportunity to object to it in writing before it becomes an order. You can use the Objection to Referee's Recommended Order form to do this. You must file your objection within 21 days after the recommendation is served.

If you file an objection on time, you will have a hearing in front of a judge. Although you can object to a referee recommendation, the judge can prevent you from giving evidence that you had the chance to present to the referee. The judge can also limit the objection hearing based on what your written objection says. These are both reasons you may want to consider hiring a lawyer.

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If you have low income, you may qualify for free legal services. Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area. This is called limited scope representation. To find a limited scope attorney directly, you can:.

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Call the State Bar of Michigan Lawyer Referral Service and tell them you are looking for limited scope representation. Enter the type of lawyer you need divorce, bankruptcy, etc. Do an internet search for limited scope lawyers in your area. The FOC provides enforcement services on all existing custody and parenting time orders. The FOC must start the enforcement process if either party files a written complaint about a custody or parenting time violation. If the FOC determines there has been a violation, it will take enforcement action.

This could include:. The FOC also provides enforcement services for child support orders. Some of the enforcement methods that the FOC may use are:. If you opt out of FOC services, parenting time or child support disagreements will be heard by a judge in a longer and more formal process.

Also, the FOC will not help enforce child support that builds up during the opt-out period. You must qualify to opt out in order for the court to let you do so. The requirements to opt out depend on whether the FOC has already opened a case in your family court action. If you do not have a judgment or final order in your case, and if no support order has been entered, it is likely the FOC has not opened a case yet.

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If the FOC has not opened a case yet, you can opt out unless the court determines one or more of the following is true:. If the FOC has already opened a case in your action, you can opt out unless the court determines one or more of the following is true:.

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There is no motion form accepted state-wide for this purpose. However, some circuit courts have developed a motion form for opt-out requests. Contact your court to find out if they have one. Also, the FOC will reopen your case file if one of you applies for public assistance.

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The judge may ask you or the FOC to prepare a written order to reopen the case. These include form motions, responses, orders, and procedural instructions. Many FOC offices also have standard parenting time schedules that you can use in your case.

Google Tag Manager. Search for your legal issue. For completeselect the county where you live or where your case is filed: Select county. Clair St. Although a judge may consider a FOC recommendation, the judge does not have to follow it. Conciliations, Investigations, Recommendations, and Temporary Orders Some FOC offices use a process called conciliation near the beginning of a divorce or custody case.

Mediation Services Mediation occurs when a neutral person the mediator meets with both parties to help them settle issues they don't agree on.

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Referee Hearings Sometimes the court refers issues to a Friend of the Court referee for a hearing. Some issues that referees can cover include: Enforcement of child support and parenting time Motions for temporary custody and support Motions for a change of custody or parenting time Motions to revoke paternity After a hearing, the referee will make a written recommendation to the court, which normally becomes an order unless one or both parties file an objection. Enforcement The FOC provides enforcement services on all existing custody and parenting time orders.

This could include: Applying makeup parenting time Filing a motion to change parenting time Starting contempt proceedings against the violating parent Other remedies The FOC also provides enforcement services for child support orders.

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