Understanding Michigan’s Friend of the Court System

When disputes erupt during a divorce, the kids often get left by the wayside — confused, hurt, and sometimes not financially cared for. A unique century-old court program in Michigan called “Friend of the Court” has ensured that fewer children suffer when their parents split.

History of Friend of the Court

The roots of Michigan’s Friend of the Court extend back to 1917, when a Wayne County judge appointed an individual to ensure that parents obeyed court decrees. This appointee was entrusted to make sure the children involved received appropriate care and support. Not long after, the appointee began carrying the title “Friend of the Court.”

Friend of the Court has come a long way over the last 107 years. One big change came early on. In 1919, the Michigan legislature enacted laws to establish at least one Friend of the Court in each of the state’s 83 counties.

Friend of the Court became part of the Circuit Court system by 1982, but Michigan made it a unit in the Family Division of the Circuit Court in 1998.

Friend of the Court Today

Today, each county’s Friend of the Court, supervised by the Circuit Court’s chief judge, provides a mediation and peacemaking option when a divorce ignites disputes. As long as both parents agree to participate, it can assist in settling disagreements and foster a better outcome for the children.

The program is optional; a divorcing couple may formally decline Friend of the Court services. If they had previously agreed to participate and now want to go another route, they can file a motion to withdraw their case.

Friend of the Court’s Primary Functions

Friend of the Court makes recommendations to the court on a variety of disputes surrounding domestic matters, such as child and spousal support, custody, and parenting time. The recommendations come from a referee — a person who takes testimony and reports it to the court.

The referee, who is either a Friend of the Court employee or an attorney associated with Friend of the Court, conducts hearings. They take the findings from the hearings to develop recommendations to present to the court. If neither party files an objection, these recommendations become an order of the court.

Friend of the Court also establishes, enforces, and modifies court orders. These orders may be related to child and spousal support amounts, custody and parenting time, childcare and medical expenses, or change of domicile.

Certain actions may be filed with Friend of the Court, including those related to custody, divorce with minor children, support modification and enforcement, parenting time modification and enforcement, and the establishment of paternity. Emergency filings, motions, and objections can also be filed through Friend of the Court.

Still Taking Care of the Kids

The most vital function that Friend of the Court has carried out since its inception is collecting, recording, and distributing support payments ordered by the court. Each county office collects and sends out millions of dollars each year for child and spousal support to ensure children have the care they need.

Going Through a Divorce?

If you’re going through a divorce, contact Gucciardo Family Law for a consultation with an experienced family law lawyer. We’re prepared to guide you through the divorce process and assist with custody and support disputes.