Appointments & Hearings

(231) 779-9494, ext. 2002

A parent may file a motion to change the custody, parenting-time, or the child support of their court order, if they believe there is proper cause or a change in circumstances from their last order. The FOC office has printed forms and instructions for filing these types of motions. While parents do have the option of hiring an attorney to assist with their motion, parents can file motions without the help of an attorney. Even in situations where the parents have agreed to a change, the current order remains in effect until a new order is completed and signed by the judge.

When a custody, parenting time, or child support motion is filed with this office, it is scheduled by Assistant Friend of the Court Stephanie Innis for either a mediation appointment or a hearing. Mrs. Innis is also the ADA coordinator for this office–If any parties require special assistance (ex., an interpreter, a sign language interpreter, etc.) to attend the hearing, contact Stephanie Innis at (231) 779-9494, ext. 2002 to make those arrangements before the time of your appointment or hearing.

MEDIATION APPOINTMENTS

(231) 779-9494, ext. 2005

Parents involved in a domestic relations case through the FOC are scheduled to participate in a mediation appointment or if attorneys are involved, in a mediation conference.  Mediation allows parents the chance to discuss and settle their issues regarding custody and parenting time with the assistance of a mediator and without the need for a hearing.  Parents often find this rewarding because they are the ones who make the decisions for their children instead of the court. 

Agreements reached in mediation appointments are voluntary–if a parent does not wish to make an agreement regarding custody or parenting time, they are not required to. However, if the parents reach an agreement during an appointment, the mediator can help put that agreement into the form of a court order. The parents may review their agreement with their attorneys, if they wish to do so. If no agreement is reached, the matter will then be scheduled for a Referee hearing, at a later date.

Mediation appointments are scheduled at the start of every new divorce and custody case filed through this office.  They are also scheduled after a final order has been entered in a case.  

FOC mediators who are employed in a professional capacity must report suspected child abuse and/or neglect. Also FOC mediators who suspect domestic violence must report it to the proper authorities. All other matters discussed during a mediation appointment are confidential.

Please watch this video for information about mediation.  For more information about how this office conducts mediation appointments in accordance with Michigan Court Rule (MCR) 3.224, you are welcome to view the Wexford/Missaukee Friend of the Court Alternative Dispute Resolution Plan here.  

HEARINGS

At this office, hearings are presided over by a referee. A referee is not a judge, but performs some tasks on behalf of the judges who preside over the case–Judge Edward Van Alst in Wexford County, Judge Ransom in Missaukee County.

The referee is appointed to hear testimony and arguments on any issue in a domestic relations case except spousal support (alimony)–those can only be heard by a judge. A referee hearing is conducted and evidence is presented according to the Michigan Rules of Evidence–parties have the option of filing subpoenas if they feel it necessary. When the hearing is completed, the referee makes a decision in the form of a referee’s recommended order. A referee’s recommended order only recommends a resolution to the judge. A recommended order must be submitted to the court and served on the attorneys or unrepresented parties. Proof of service must be filed with the court.

A referee’s recommendation will become a court order if no parents file an objection within 21 days after the recommendation is mailed to them. If a parent wishes to object to the referee’s recommendation, they must file an Objection to Referee Recommended Order with this office within that 21 day period. The Friend of the Court office will then schedule a hearing before either Judge Van Alst or Judge Ransom, depending on which county the case is under.  The Judge will then make a decision upholding or changing the referee’s recommendation. Parents are welcome to consult an attorney for more information on how to object to a referee’s recommendation and order.