FRIEND OF THE COURT

Learn about the Friend of the Court in Michigan, including its role in family law cases, its rights and responsibilities, and the opt-out process.

The Role of Friend of the Court

The Friend of the Court (FOC) is essential to the Michigan family law system. It helps to resolve disputes involving custody, parenting time, and child support in a timely and fair manner. The FOC also plays an important role in ensuring parents comply with court orders.

Friend of the Court Investigations

When the FOC conducts an investigation, it is important to remember that it is not trying to help the parties agree. Instead, the FOC is gathering information about the contested issues to make a recommendation to the judge. The FOC may interview the parties, witnesses, and other relevant individuals. It may also collect other evidence, such as financial records and school reports.

After completing its investigation, the FOC will prepare a written report and recommendation for the judge. The judge is not required to follow the FOC's recommendation, but it will be seriously considered.

Opting Out of Friend of the Court Services

Parties may opt out of FOC services under certain circumstances. However, it is important to note that opting out can have significant consequences. For example, parties who opt-out will not be able to receive the FOC's assistance with enforcing child support orders.

To opt out of FOC services, a party must file a motion with the court. The court will only approve the motion if it finds that good cause exists. Some examples of good cause include domestic violence, uneven bargaining positions, and the best interests of the child.

Rights and Responsibilities

Both parties in a family law case have certain rights and responsibilities with respect to the FOC.

Rights

  • The right to meet with an FOC employee

  • The right to request a recommendation from the FOC about whether a support or health insurance order should be modified

  • The right to file a grievance with the FOC office concerning an employee or office procedure

  • The right to hire and consult with an attorney about any questions or concerns related to their case

  • The right to decline FOC assistance (opt-out) if everyone agrees and the court approves

Responsibilities

Inform the Friend of the Court, in writing, of the following information:

• Current residential and mailing addresses where notices and documents can be sent.

•  Current employer or source of income’s name, address, and telephone number.

• Current telephone number (residential or mobile).

•  Occupational, recreational or driver’s license held, and license number(s).

• Social security number, unless exempt by law from disclosing that number.

• Current address of child(ren).

• Current information regarding health care coverage available as a benefit of employment or

maintained by either party.

• Provide other information to assist the Friend of the Court in carrying out its duties as required by

law.

• Understand and follow all court orders.

Friend of the Court offices have the following duties:

  • When directed by the judge, the office investigates and makes recommendations to the court regarding:

  1. custody

  2. parenting-time

  3. child support

  4. medical support

  • Offers voluntary alternative dispute resolution (ADR) services, to help settle disagreements about custody or parenting-time, or support.

  • In cooperation with Michigan State Disbursement Unit (MiSDU) the FOC collects, records, and distributes support payments as ordered by the court.

  • Assists the court with enforcing orders on custody, parenting-time, and support.

  • Provides forms that parties may use to file motions and responses regarding custody, parentingtime, support, change of domicile, and repayment plans.

The FOC has NO authority to:

• Investigate criminal activity or abuse and neglect, but its employees in their professional capacity must report abuse and neglect.

• Change an order.

• Give legal advice.

Conclusion About Friend of the Court

Understanding and respecting the FOC's rights and responsibilities can help parties to work together more effectively to resolve their family law disputes. By adhering to these principles, parties can contribute to a smoother and more efficient process for everyone involved.