For Attorneys
Local Procedure Information for Attorneys
PLEASE READ:
All orders addressing Custody, Parenting Time, Child Support, Spousal Support, and related issues MUST be submitted to the Friend of the Court for review and approval at least 48 hours (not including weekends or holidays) prior to the date and time of entry. Orders for support must be on an approved Uniform Support Order forms with Deviation Addendum. Temporary Orders and Judgments must be submitted with a Judgment Information Form. Uniform Support Orders for direct payment or $0 support must be accompanied by an Order Exempting Case from Friend of the Court Services and Advice of Rights regarding Friend of Court Services. Recent case law mandates strict adherence to the requirement to address the deviation factors when support deviates from the formula, and attorneys should use the Deviation Addendum posted on this site.
Referee Hearing: Attorneys or parties may file motions to modify; Custody, Parenting Time, Change of Domicile or Legal Residence, to establish or modify Support, or Parenting Time and Support. The motion must be filed with the appropriate fees at the County Clerk’s office. A hearing date and time will be sent to you by the Circuit Court or the Friend of the Court.
De novo objection: Friend of the Court will send out copies of the proposed order and the notice of right to de novo hearing to the parties and attorneys of record. If a proper and timely objection is received, the Court will schedule the de novo hearing in front of the Judge and send notices of the de novo hearing to the parties and any attorneys of record.
Notice of entry under the 7 day rule: The Court requires that any objections to the entry of a domestic relations order under the 7 day rule must be filed with the County Clerks office and served by the objecting party on all parties and attorneys of record in addition to the Friend of the Court office. The objection paperwork shall include a notice of hearing on the objection, a copy of an alternate proposed judgment or order and a $20 filing fee paid to the County Clerks office.
Entry of orders pursuant to Friend of the Court investigation and recommendation: When a recommendation is issued by the Friend of the Court after referral for Custody, Parenting Time, Child Support, or Best Interest, the attorney(s) in the case are responsible to prepare a proposed order consistent with the recommendation and submit the order to the Friend of the for approval. The Court will determine which issues are resolved and whether another hearing needs to be scheduled. Parties scheduled for a hearing through Friend of Court advised to complete and submit the forms mailed to them with their notice of hearing to receive a more timely recommendation.
File Transfer Procedure
Transferring Your Case
Michigan Court Rules allow for the transfer of post judgment domestic relations cases from one county in Michigan to another Michigan county when all of the following conditions are met:
- The transfer of the action is requested on the basis of the residence and convenience of the parties, or other good cause consistent with the best interest of the minor child(ren).
- Neither party has resided in the county of current jurisdiction for at least six (6) months prior to the filing of the motion.
- At least one party has resided in the county to which the transfer is requested for at least six (6) months prior to the filing of the motion.
- The county to which the case transfer is requested does not adjoin Shiawassee County. The counties that cannot be transferred to include (Clinton, Gratiot, Saginaw, Genesee, Livingston, or Ingham). The transfer of a case includes a change in venue and transfer of all Friend of the Court responsibilities.
- The party seeking the transfer needs to complete a petition seeking the transfer. A motion form is attached. If the other party to the action will agree to the transfer, he or she can sign the motion where indicated. If both parties sign the motion form, it is then considered a stipulation, or agreement, to the transfer of the file.
If you wish to file a motion for case transfer with the Court you will need to submit a fully completed motion to the Clerk of the Court. When you file a motion, a motion fee will be due to the clerks at the time you file your motion.
Please also be aware that if your transfer request is granted, all fees on the Shiawassee County Friend of the Court case must be paid and there may be transfer fees due to the County Clerk in the county to which the case is transferred.
We cannot process your unsigned Motion for Transferring Case.
If you and the other party agree to a case transfer, you can use the Stipulation. Either way, you would need to file one of these documents with the Court Clerk in order to have your request heard/considered by the court.
If the other party does not agree, the party seeking the transfer can proceed to ask the Judge to order the transfer of the case through a court hearing.
If you have any questions regarding this matter, please contact our office at (989) 743-2397. If you need legal advice about this situation, please contact an attorney of your choosing or Legal Aid.
