Explaining the Friend of the Court
Most people don’t realize that a Michigan divorce with children involved actually involves two separate elements of the Family Court system. The first is the obvious: the Circuit Court judge that oversees the overt elements of your divorce (i.e. the division of assets and the custody arrangements). The second is more subtle, but arguably more important — at least in terms of your children. It’s called the Friend of the Court.
Established by MCL 552.501 (the “Friend of the Court Act”), the Friend of the Court is an independent judicial entity within each county’s Family Court. Their purpose is to act as judges’ assistant in Family Law cases, holding developing guidelines and rules, calculating child and spousal support payments, and otherwise handling administrative details that would otherwise burden a judge’s time and brain-space.
Similarly, in most counties, initial hearings involving custody, visitation, parenting time, and/or child support will happen before a Referee assigned by the Friend of the Court. The Referee will then write up their suggestions as to how the issue should be resolved, and the judge will generally heed those recommendations unless either spouse objects. If there is an objection, the judge will hear the issue personally in what’s called a ‘de novo hearing.’ (Frankly, the vast majority of the time, the judge will rule along the lines the Referee suggested, so consider strongly the value of raising an objection and possibly biasing the judge against you by wasting their time.)
Outside of the courtroom, the Friend of the Court also acts as a pseudo-enforcement agency, dealing with unpaid child support and violations of parenting time, visitation, and/or custody rights. Because they aren’t a “real” enforcement agency (that would have to be something the Governor oversaw), the Friend of the Court uses ‘softer’ tools such as mediators, counselors, and investigators to attempt to resolve issues. That said, if you don’t respond to the Friend of the Court when their mediators or counselors get in touch, you can count on a more ‘hardball’ approach from the Executive branch coming your way soon!
We often hear clients say that the Friend of the Court is…let’s say ‘unintuitive’ and ‘difficult.’ The truth is that the setup is a little bit arcane, but it’s designed to make divorce and child custody issues less stressful on both the parents and the court system. If you allow your attorney to guide you through the process and don’t worry about wrapping your brain around it, you’ll probably agree.
If the Friend of the Court has approached you regarding child support, visitation, or similar issues, call Gucciardo Family Law at 248-723-5190 — we can help!
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We focus exclusively on family law matters so we are always available to answer your questions and help.
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