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1. How do I get the Court's approval to change the children's residence to a place not allowed by my current order?

Parties may agree to a change of residence (domicile) by signing an agreement (stipulation). This stipulation must be put in the form of an order and signed by the judge. It then becomes an order of the court. If you and the other parent cannot agree on the proposed change of domicile, you may try mediation through the Friend of the Court, or file a motion that asks the Court to enter an order approving the change.

Notifying the Friend of the Court that you intend to move the children (or merely filing a motion requesting the Court's approval) does not allow you to move your children. You must obtain a court order approving the move.

2. Why won't the Friend of the Court enforce what the judge said in court, even if it's not in the written order?

The Friend of the Court's authority is limited to enforcing written court orders.

If you think a written order does not say what the judge said in court, first tell the person who prepared the order and request a change. If necessary, you can file a motion that asks the court to correct the order.

3. Can the Friend of the Court enforce property settlement provisions in my judgment of divorce?

No. The Friend of the Court has no authority to enforce the court's property-division order. The court will enforce its own order. If the other party does not comply with an order, you may file a motion asking the Court to enforce the order.

4. May I review the Friend of the Court file for my case?

Parties and their attorneys are entitled to see most of the information in their Friend of the Court file. There are exceptions for certain confidential documents (see MCR 3.218). The FOC may charge a reasonable fee for copying records.

If the FOC office will not let you see its file, you may file a motion asking the court to intervene on your behalf to allow access.

5. May other persons see my Friend of the Court file?

A Friend of the Court file is not public information. However, MCR 3.218 provides access to FOC files for certain individuals or agencies.

6. May I see my child's school, medical, and other records if my child lives with the other parent?

Michigan law gives both parents the right to see certain records regardless of the custody arrangement. That includes medical, dental, school, and the day care records. In addition, both parents are entitled to receive advance notice of meetings that concern their child's education.

However, the Friend of the Court cannot enforce that law. You may wish to consult an attorney if you are denied any of those rights.

7. How do I file a complaint about the friend of the court?

The Friend of the Court Act includes a grievance process. You may use it to complain about an FOC office's operations or employee. A grievance may not be used to change the FOC's recommendation in your case, or to challenge a referee's recommendation or judge's decision. Depending on the subject of your grievance and when you file it, you will receive a response from the FOC or the Chief Judge.

You can file a grievance about the office's operations or employees with your FOC office. You should use a grievance form that you can get from your local FOC office, or from the Michigan's One Court of Justice website (link below).

Within 30 days, the FOC must investigate your grievance and respond in writing or explain why a response cannot be provided within that time. If you are not satisfied with the FOC's response, you may file the same grievance with the Chief Circuit Court Judge.

Michigan's One Court of Justice Website

8. What happens to my child support order if my child is adopted, marries, or enters the military service?

When any of these occur, the court will grant a motion ending the obligation to pay further child support. Copies of adoption orders, marriage records, or military service records should be provided to the Court. Any overdue support must still be paid.

9. Will the Friend of the Court help find a missing parent?

Yes. The State and Federal governments have a Parent Locator Service that may be used to locate a parent for any of the following purposes:
- To collect child support.
- To obtain a court order on a child custody or parenting-time matter, or enforce an existing order of either type.
- to enforce State or Federal law prohibiting the unlawful taking or restraint of a child.

When using the Parent Locator Service, the following information is very helpful:
- The missing parent's full name, date of birth, and social security number.
- The missing parent's last know address.

10. How do I call the Friend of the Court to speak to a person?

You may call the Friend of the Court main number at (517) 264-4706 and press zero. The call will circulate throughout the office in a series of hunt groups and continue ringing until someone in the office is available to pick up the call.