What is the Michigan Friend of the Court?

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If you are headed to the Michigan Family Courts due to a divorce or custody case, you may have received requests for information and meetings from the “Friend of the Court.” Knowing what the Michigan Friend of the Court is and what it does can help you streamline your custody process, get the best outcome for your children, and avoid coming back to court post-judgment.

What is the Michigan Friend of the Court?

The Friend of the Court office (FOC) is an agency that assists the courts in facilitating and resolving domestic relations matters. Michigan family court judges can refer a variety of child- and support-related matters to the Friend of the Court for investigations and recommendations. Friend of the Court Referees can even hear evidentiary hearings and create recommended orders that will be approved by the Court unless one or both parties object. That’s why it is important for you to understand which hat the FOC employees are wearing any time you are meeting with them.

The Friend of the Court’s Role in Michigan Custody Cases

The FOC has duties and responsibilities throughout divorce and custody cases, from the very first filings to post-judgment modifications and enforcement.

Collection of Confidential Information About Children

At the start of every custody case, and most divorce cases, each party must file a Verified Statement with the Friend of the Court containing personal information, employment information, and insurance details for both parties and their children. From time to time, the FOC will also collect information including addresses, phone numbers, emails, tax returns, employment information, and other sensitive information that shouldn’t be part of the public record but should be available to your attorney if they make an appointment to view the FOC file. It is important to provide timely and accurate information when requested, to avoid the contested issues coming before the Court in a more public way.

FOC Alternative Dispute Resolution Services

Some Michigan counties’ circuit courts (excluding Washtenaw County, for example) routinely or even automatically refer custody and divorce cases to the Friend of the Court upon the filing of the court case for facilitative information-gathering conference (called a FIG-C), joint meeting, or mediation with an FOC facilitator. These alternative dispute resolution services help parties reach temporary or even permanent resolutions to their custody and parenting time issues. In some counties, however, judges may wait to find out if there is a dispute at hand before making such a referral to the FOC.

FOC facilitators and mediators don’t have to be lawyers, but they are familiar with the court systems and procedures, and typically have a background in social work. They can help you reach a resolution and along with help from your attorneys, submit any agreements to the Court. If you can’t reach an agreement at the FIG-C, the facilitator will make a recommendation to the Court. If you don’t want the Court to adopt that recommendation, you and your Michigan family lawyer will need to object within 21 days and also file a notice of hearing so that the objection can be heard by a judge.

Michigan Child Support Formula Investigations and Calculations

The Friend of the Court also prepares child support recommendations using the Michigan Child Support Formula. To do so, the FOC will send each party requests for income and employment information, health insurance and medical costs, child-care costs (for kids up to age 12), and tax information. FOC employees may also interview both parties to investigate the earning potential of unemployed parents, or to clarify questions around self-employment, business ownership, or other sources of income. Then the FOC will use that information to calculate the recommended child support amount using the Michigan Child Support Formula. If you disagree with the FOC’s child support recommendation, or believe that the formula creates an unfair result, you will need to prove that the values used were incorrect or that a “deviation” is appropriate at your hearing or trial.

Child Custody and Parenting Time Investigation and Recommendations

Perhaps the Friend of the Court’s most visible role is in addressing custody and parenting time issues. A Michigan Family Court judge can refer custody and parenting time issues to the FOC for investigation. Just like in child support cases, this investigation will involve questionnaires, interviews, and collection of documents related to your child’s circumstances and best interests. The FOC investigator may also interview your children if they are old enough to express a preference about their custody arrangement. At the end of the process, the FOC investigator will submit a recommendation applying the Child Custody Act’s best interest factors, along with a proposed order on things like:

  • Legal custody
  • Physical custody
  • Parenting time schedules
  • Telephone or electronic parenting time
  • Restrictions on parenting time (such as drug screening or the presence of third parties)
  • Transportation and exchange locations
  • Co-parenting or communication counseling
  • Therapy for children, parents, or the family
  • Use of communication tools like “Our Family Wizard”

Just like before, if you don’t agree with the recommendation, it is up to you to object within the required time limit, and notice the objection for a hearing.

A Friend of the Court Referee (who will be a licensed attorney) can also perform an evidentiary hearing, take testimony, admit exhibits, and make a recommendation to the Court. This is just like a trial. In fact, the Court can limit the presentation of testimony in a later “de novo” hearing to new information not available at the time of the FOC hearing. That means this is the time you need to put your best foot forward to prove your case, taking care not to trigger a negative finding on a best interest or parenting time factor by attacking the child’s other parent unnecessarily. After the hearing is complete, the Referee will prepare a recommendation and proposed order. Often, this order is given immediate effect. Then, if objection(s) are filed, the Trial Court will review the evidence presented, take updated testimony, and make a final ruling.

How the FOC Can Help You Post-Judgment

The Friend of the Court’s role doesn’t end when the judgment is entered. It also helps parents ensure that the Court’s custody, parenting time, and child support orders are enforced.

Child Support Accounting and Enforcement

With the help of the Michigan Support Disbursement Unit (MiSDU), local FOC offices process child support orders, send parents’ employers income withholding orders, collect child support, and deliver it to the recipients according to their Uniform Child Support Orders. They also keep an accounting of the total amounts owed and paid, including interest. The FOC, and sometimes the Michigan Attorney General’s office (depending on the amount owed) have a variety of tools, from driver’s license suspensions to bench warrants and criminal charges, to enforce and collect unpaid child support.

Parenting Time and Custody Enforcement Actions

Parents can also file complaints with the Friend of the Court when their other parent violates child custody orders or denies them parenting time. The FOC has the ability to address these issues even without filing a motion in court. By working with the FOC, you can document patterns of denials, take advantage of their enforcement options, and potentially receive makeup parenting time. If things continue to escalate, the Friend of the Court can also submit motions to show cause to hold the violating parent in contempt, impose fines, and even send them to jail. However, it is not automatically wise to file a parenting time enforcement complaint, depending on the circumstances. Talk to an experienced attorney before doing so, to avoid having it backfire on you.

Helping Families Navigate the Michigan Friend of the Court

The Michigan Friend of the Court plays an important role in custody and divorce litigation. Understanding that role is essential to preserving your rights, and getting a recommendation that is in your children’s best interests. Our Ann Arbor family law attorneys can help you navigate the Friend of the Court’s processes, so you can make the most of the services they offer. Call 724-994-3000 or click here to schedule a consultation with one of our experienced attorneys.

Categories: Child Custody