Starting A Case

(231) 779-9494, ext. 2012

A parent who wishes to start a Friend of the Court case must follow Michigan law and the  Michigan Court Rules. Since there are many legal and factual questions about these cases, people have the option of being represented by an attorney.

If you are interested in contacting an attorney about your legal issues, the State Bar of Michigan Lawyer Referral Service (LRS) can help you find a lawyer in your area. The LRS can be reached at 1-800-968-0738 or by filling out an on-line request. The LRS will provide you with an initial consultation concerning your case, which will cost no more than $25 and which can be waived, in some cases. Payment for any further services will be discussed before charging you.

A HANDFUL OF SOME OF THE FORMS NEEDED TO START A CASE:

• VERIFIED STATEMENT OF IV-D SERVICES
• UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT AFFIDAVIT (UCCJEAA)
• IV-D CHILD SUPPORT SERVICES APPLICATION (DHS-1201)
• SUMMONS AND PROOF OF SERVICE

Plaintiff’s Complaint
A case begins when the person filing to start the case (the plaintiff) files a “complaint” that asks the court to decide a dispute between the plaintiff and the other person (the defendant). In a domestic relations case (the sort of case handled by the Friend of the Court), the plaintiff may ask the court to do any of the following:

• Grant a divorce through filing a COMPLAINT FOR DIVORCE
• Review the case to determine if an order for child support (including medical support) or spousal support is appropriate
• Establish paternity of a child
• Establish custody of a child with one (or both) parents by filing a COMPLAINT FOR CUSTODY
• Establish each parents’ parenting time with a child or children
  

Service
The plaintiff must arrange for the defendant to be served with a summons and a copy of the complaint. The summons tells the defendant to answer the complaint. Whenever minor children are involved, or if spousal support is ordered, the Friend of the Court handbook must also be given to the defendant.

Defendant’s Answer to the Complaint
The defendant is allowed 21 days to “answer” the complaint. If the defendant does not answer within 21 days, the judge may enter an order granting the plaintiff’s requests.

Mediation Conference & Hearing
Mediation Conferences and Mediation Appointments are voluntary processes in which an Friend of the Court mediator assists the parents in reaching an agreement. These appointments are scheduled at the beginning of every case and also whenever Motions are filed.  These appointments are chances for the parents to talk and see if they can come to a resolution.  If so, the mediator will help the parents craft a court order that contains the details of their resolution.  If no agreement is reached between the parents, the matter will then be scheduled for a Referee hearing, where the parents will have the opportunity to make their case before the Referee for what they want.  After the parents have the chance to make their cases, the Referee will make decision and write that decision into a recommendation for a court order.  If there is no objection within 21 days from when the order is mailed to the parents, the order will become official.  

S.M.I.L.E.

Start Making It Livable for Everyone

The S.M.I.L.E Program is an educational program for separating/divorced parents who have children under the age of 18, presented by the Wexford/Missaukee Friend of the Court.  Each session is held in-person at 401 N. Lake Street in Cadillac and lasts about 1 1/2 hours.  This program is required for all parents with new Friend of the Court cases and also by Court order.  However, anyone interested in learning more about how the Wexford/Missaukee Friend of the Court functions is also welcome to attend.

The S.M.I.L.E. Program is designed to assist parents in better understanding the life of a Friend of the Court case, with office-specific information and the opportunity to ask questions.  The S.M.I.L.E. Program aims to help parents better understand the effects of divorce and separation on children and the importance of being flexible and compromising as co-parents, in making decisions about their children.  

S.M.I.L.E. classes are held at the Wexford County Lake Street Building at 401 N. Lake Street, in Cadillac.  Classes are offered twice a day at 8:45 am and 2:45 pm on the days they are held.  If you have any questions or would like to sign up for the next S.M.I.L.E. session, you may call 231-779-9494 extension 2008. 

 Temporary & Final Orders

The court will enter a temporary order with instructions that the parents must follow until a new temporary order or a final judgment order is entered.

Orders (including judgment orders that deal with custody, parenting time, and support) can be changed by the agreement of the parents or by filing a motion.  The Friend of the Court cannot change a judgment order by itself.

When the parents are in agreement to change the court order, either parent can contact the Friend of the Court office and a Mediation Appointment will be scheduled.  The Friend of the Court mediator will help the parents draft a new court order. Otherwise, a parent can request to change an order by filing a motion.  The parents can then make an agreement at mediation to change the order or the Referee can make a recommendation to change the order.

If the parents decide to make changes outside of a court order, the court and the Friend of the Court cannot follow or enforce the new agreement until the judge signs and enters a new order that approves the agreement. 

Opting Out of Friend of the Court Services
Parents who agree that they do not need the Friend of the Court’s services, do not have to use them in certain situations. Those who do not wish to use the Friend of the Court’s services may file a joint motion to opt-out and, if the court approves the motion, the parents must then work with each other directly regarding custody, parenting time, and support matters. Before the court approves a motion to opt-out, the parents must file a document that summarizes the Friend of the Court’s services and acknowledge that the parents have chosen not to use those services.

If an opt-out motion is filed at the same time as the complaint that starts the case, the court must order the Friend of the Court not to open a case file unless one or more of the following is true:

• A parent is eligible for “Title IV-D Services” because the party receives or has received in the past “public assistance” (cash assistance, medical assistance, child daycare, food assistance, or if a child is or was in foster care)
• A parent has applied for Title IV-D Services, as described above
• A parent has asked the Friend of the Court to open a case file
• There is evidence of domestic violence or bargaining inequality, and evidence that the opt out request is against the best interests of a parent or the child

After a court case has been started and the Friend of the Court has opened a file for that case, the parents may file an opt-out motion requesting the court to order the Friend of the Court to close its file. The court will issue the order unless one or more of the following are true:

• A parent objects to the closure
• A parent is receiving public assistance
• Within the past 12 months, a balance of child support was owed, a custody or parenting-time violation has occurred, or a parent has asked the FOC to reopen its case file
• There is evidence of domestic violence or bargaining inequality coupled with evidence that the request is against the best interests of a party or the child
• The parents have not filed with the court a document, signed by both parents, that includes a list of the Friend of the Court services and an agreement that the parents are choosing to do without those services

Parents who opt-out of the Friend of the Court’s services must manage and enforce child custody, parenting time, and support matters on their own. To ensure a proper accounting of support payments and that they are considered in future proceedings, parents may make support payments through the MiSDU even after a Friend of the Court case file closes.

At any time, if a parent applies for public assistance, requests any service from the Friend of the Court, or requests that the Friend of the Court reopen a case, the Friend of the Court will reopen the case file. In such situations, the court may request that a parent, or the Friend of the Court, prepare a written order to reopen the case.

Reconciliations & Dismissals
Not all cases handled by the Friend of the Court end with the parents divorced or separated. If the parents are trying to work out their differences and no longer wish to have an order in their case enforced, they may file a motion asking the court not to enforce the order.

If the parents wish to stop all further action in a case, they must file a proposed order of dismissal with the court and provide a copy to the FOC. In that situation, when the state of Michigan has provided financial assistance to the parties’ children or spouse while the case was pending, the support payer may be required to reimburse any previously ordered child or spousal support to the state of Michigan. This reimbursement amount may be less than the amount of assistance, but it cannot be more.

Before a case can be dismissed, the support payer must pay any amounts owed to the court or the county. If those requirements are met, the court will sign an order dismissing the case.

Paternity Establishment
The Friend of the Court cannot help establish paternity of a child. The Department of Health & Human Services (DHHS) and the Prosecuting Attorney’s (PA) Office work together to establish paternity. For more information regarding paternity establishment, click here.