Flushing the Michigan Friend of the Court Out of Your Life

The Friend of the Court is a unique form of judicial employee, which only occurs in the State of Michigan, and was originally created by the Michigan Friend of the Court Act of 1919 to "...protect dependent minor children and to compel enforcement of chancery decrees where there are minor children in divorce cases, who are liable to become public charges and are not properly cared for by their custodians, and to enforce the payment of amounts decreed them in a court of chancery, and to enforce all interlocutory and decretal orders."

However, like many federally subsidized programs, managed by the states, design flaws exist to allow the state to focus programs on revenue generation instead of only aid to needy families. With these flaws nearly every case becomes a mandatory Friend of the Court case, leading to problems with service performance to needy families, privacy concerns with poorly run data management, and excessive deprivation of due process rights in the name of "judicial economy."

Many people have found through experience that it is necessary to escape the clutches of the Michigan Friend of the Court because it places parents, children, and taxpayers at risk for losing money, time with children, or other important things. I have taken the time to compile and present the necessary information that you will need to either prevent your family court or domestic relations case from being included, converted or continued as a State-managed case.

PREVENTING YOUR CASE FROM BEING AUTOMATICALLY ENTERED

It is often times easier to stop a problem before it starts, and that begins with your initial case filing. In Michigan you must plead specifically in your first filing that you do not want Friend of the Court Services and attach a motion requesting that friend of the court services not be required. You must also attach what is referred to as a Michigan SCAO Form FOC 101, also known as an FOC Advice of Rights Form, informing both parties that they can reinstate or obtain these free services at any time and practically for any reason. The Michigan Form FOC 101 must also be signed by both parties.

The following criteria also have to be met to prevent your case to prevent becoming a Friend of the Court welfare services recipient when you file your initial motion:

• Neither of you receive public assistance for the child(ren) or requests friend of the court services.

• There is no evidence of domestic violence or uneven bargaining position between either of the party.

• The court finds that declining to receive friend of the court services is not against the best interests of a child.

If either of the parties in the case still wants services, unfortunately you are both still going to be trapped in the system for now.

OPTING OUT ONCE YOUR FRIEND OF THE COURT CASE WAS ALREADY ESTABLISHED

Unlike the previous prevention method for declining Friend of the Court services, once your case has already been started it is harder to remove from the State/County caseloads because each entity depends on high caseload numbers for increased federal funding through Title IV-D of the Social Security Act. Although this also is a burden to the local taxpayer, it goes often times unnoticed because of the amount of money being currently received through federal sources.

Your right to refuse Friend of the Court services has been limited if your case has been allowed to be established in an effort for the state to continue receiving federal subsidies on your behalf. None of the following may occur if you wish to exit the Friend of the Court system:

• Neither of you receives public assistance for the child(ren) or requests friend of the court services.

• There is no evidence of domestic violence or uneven bargaining position between you.

• The court finds that declining to receive friend of the court services is not against the best interests of a child.

• No money is due the state because of past public assistance.

• No arrearage or a custody or parenting time order violation has occurred in the last 12 months.

• Neither of you has reopened a friend of the court case in the last 12 months.

WHAT TO DO IF THE FRIEND OF THE COURT AND JUDGE DO NOT ALLOW YOU TO DECLINE FRIEND OF THE COURT SERVICES

The Judges, Friend of the Court employees, County Board, State of Michigan Employees, and all the other major associated government officials depend on the money that is received through this "Free For All Welfare Program" which means that they may attempt to find reasons not to let you out. In the event that your case is still maintained by the Friend of the Court despite your attempt to decline services, you should follow these steps.

1. Document every contact that you have with the County Friend of the Court Agency and what the purpose of the contact was.

1. Be sure to ask them lots of questions and continue to advocate that their services are not necessary.

1. Share information about how you do not want County Friend of the Court services but are being forced to receive them to friends, families, and neighbors. This alerts taxpayers to unnecessary government waste programs.

1. Each time that the County Friend of the Court office employees handle anything inappropriately, rudely, or otherwise not up to par with expectations, be sure to file a grievance with your local County Friend of the Court office, because they are required by law to respond and it counts against them when they are reviewed annually by the Michigan State Legislature.

CONCLUSION

Although the law allows parties "opt out" of receiving friend of the court services, see MCL 552.505a, the state has made it difficult to do so to protect federal subsidies. Many individuals have begun assisting others in declining services and assisting with grievances throughout Michigan and are likely available to assist if you find yourself having problems with the Friend of the Court.