What Happens at a Friend of the Court Hearing in Kalamazoo County: What Fathers Need to Know About Procedures, Evidence, and Their Rights

When a Friend of the Court worker recommends a custody, parenting time, or child support order, or when a violation of an existing order occurs, you will likely face a hearing. This guide explains what happens at Friend of the Court hearings in Kalamazoo County, what you need to prepare, how to present your case, and what your rights are throughout the process.

Understanding the Types of Friend of the Court Hearings

Friend of the Court hearings fall into several categories, each with specific procedures and requirements.

Referee Hearings

A judge can refer a motion to a Friend of the Court referee for a hearing. A referee is not a judge but recommends an order to the judge. Some issues that referees can cover include:

• Enforcement of child support and parenting time
• Motions for temporary custody and support
• Motions for a change of custody or parenting time
• Motions to revoke paternity

Even though a referee hearing may not seem as formal as a hearing in front of a judge, it is still important. It is your opportunity to explain what you want your court order to say and to present evidence supporting your position. The Michigan Rules of Evidence apply to referee hearings as well as hearings in front of a judge. If you would want a lawyer to go in front of a judge, you should also have a lawyer for a referee hearing.

After a hearing, the referee will make a written recommendation to the judge. Both parties receive a copy of the recommendation before the judge takes any action on it. If you disagree with a referee's recommendation, you have the right to request a hearing before the judge.

Show Cause Hearings

A show cause hearing occurs when the Friend of the Court needs to determine why one parent should or should not be penalized for not following a court order. The judge will decide whether the other parent is in contempt of court for not obeying the child support order or parenting time order.

At a show cause hearing, you can tell the court about income or assets the other parent has. You may also be able to help the Friend of the Court locate your child's other parent. Some possible sanctions for failing to pay child support include:

• Garnishment of wages or bank accounts
• Property liens
• Credit agency reporting
• Tax refund interception
• License suspension (driver's or hunting licenses)
• Jail time

The Friend of the Court can start child support enforcement on its own or at your request. You can also file a Motion and/or Order to Show Cause yourself.

Objection Hearings

When a Friend of the Court employee makes a recommendation about custody, parenting time, or child support, the parties have an opportunity to file an objection if they disagree with the recommendation. If neither party files an objection on time, the judge may decide to make the recommended order an actual order in the case.

If you disagree with a recommendation, you can file an objection within 21 days from the date of service, and schedule a date for a hearing in front of the judge. If you want to file an objection, call the court clerk's office or Friend of the Court office to find out if they have a form you can use. Currently there is no statewide form for objecting to a recommendation that came from Alternative Dispute Resolution.

At the objection hearing, the parties can tell the judge what they want the court order to say. The judge will also consider the Friend of the Court report and recommendation and may give them great weight. However, the judge is not bound by the recommendation and may reach a different decision on some or all of the issues.

What to Expect at the Hearing

Before the Hearing

Prepare thoroughly before attending a Friend of the Court hearing. Here are the key steps:

1. Review all documents - Get copies of all relevant orders, the referee's or Friend of the Court's recommendation, and any prior correspondence

1. Gather evidence - Collect documentation that supports your position. This may include:

1. Prepare your statements - Write down what you want to tell the judge or referee. Be clear and specific about:

1. Consider legal representation - While you can represent yourself, having an attorney can help ensure your rights are protected. If you have low income, you may qualify for free legal services through the Guide to Legal Help.

During the Hearing

When you appear at the hearing, the following typically occurs:

1. The referee or Friend of the Court worker begins - They will determine if you and the other parent have reached any agreements about the issues before the court.

1. Both parties present their cases - You will have the opportunity to explain what you want your court order to say and to present evidence supporting your position. The Michigan Rules of Evidence apply to referee hearings as well as hearings in front of a judge.

1. The referee makes a recommendation - After hearing both sides, the referee will make a written recommendation to the judge. Both parties receive a copy of the recommendation before the judge takes any action on it.

Important Rules and Procedures

• Michigan Rules of Evidence apply - These rules govern what evidence can be presented and how it must be introduced. Failure to comply with these rules can result in evidence being excluded.

• Timelines matter - If you disagree with a recommendation, you typically have 21 days from the date of service to file an objection. Missing this deadline can waive your right to a hearing.

• You can file your own motions - You have the right to file a Motion and/or Order to Show Cause yourself. However, this can be complicated and may cause delays. Consider consulting with an attorney before filing your own motion.

Your Rights at Friend of the Court Hearings

Understanding your rights is crucial for navigating Friend of the Court hearings effectively:

Right to a Hearing

If you disagree with a Friend of the Court recommendation, you have the right to request a hearing before the judge. This applies to both referee recommendations and Friend of the Court recommendations.

Right to Present Evidence

You have the right to present evidence supporting your position. The Michigan Rules of Evidence apply, so you must introduce evidence properly. This may require legal knowledge or assistance from an attorney.

Right to Legal Representation

You have the right to be represented by an attorney at Friend of the Court hearings. If you cannot afford an attorney, you may qualify for free or reduced-cost legal services through the Guide to Legal Help.

Right to Receive Documents

You have the right to receive a copy of any written report and recommended order made by a referee before the judge takes any action on the recommendation. This gives you an opportunity to review the recommendation and prepare your response.

Right to Object to ADR

If Friend of the Court Alternative Dispute Resolution has been scheduled in your case and you need to object, there are strict timelines and rules about how to object to ADR. Cases may be exempt from ADR on the basis of:

• Child abuse or neglect
• Domestic abuse
• Inability of one or both parties to negotiate for themselves
• Reason to believe that one or both parties' health or safety would be endangered by ADR
• Other good cause

If Friend of the Court ADR has been scheduled and you need to object, contact your Friend of the Court office or find a lawyer.

Kalamazoo County Friend of the Court Specifics

The Kalamazoo County Friend of the Court is part of the Ninth Judicial Circuit Court system. The FOC office is located at the Gull Road Justice Complex, 1536 Gull Road, Kalamazoo, Michigan.

The FOC plays a significant role during and after the disposition of your domestic relations case. The office makes recommendations to the Circuit Court on the content of orders and on the enforcement of the requirements of those orders.

Hours of Operation

The Kalamazoo County FOC office is open from 8 am to 5 pm, Monday through Friday. It is closed on the following holidays:

• New Year's Day
• Martin Luther King Jr. Day
• Presidents' Day
• Memorial Day
• Juneteenth Day
• Independence Day
• Labor Day
• Veteran's Day
• General Election Day
• Thanksgiving Day
• The day after Thanksgiving
• Christmas Eve
• Christmas Day
• New Year's Eve

Contact Information

• Phone: 877-543-2660
• Address: 1536 Gull Road, Kalamazoo, MI 49048

Tips for Success at Friend of the Court Hearings

Be Prepared

The best way to succeed at a Friend of the Court hearing is to be thoroughly prepared. This includes:

• Knowing the facts of your case
• Having all relevant documents organized
• Understanding the rules of evidence
• Being clear about what you want the court to decide

Be Professional

Treat the judge, court employees, and attorneys with fairness, respect, and courtesy. Monitor your own behavior, attitudes, and comments to ensure you do not display bias due to race, ethnic or religious affiliation, or gender.

Consider Legal Assistance

While you can represent yourself, consider hiring an attorney for part of your case instead of the whole thing. This is called limited scope representation. To find a limited scope lawyer, use the State Bar of Michigan lawyer directory.

Stay Informed

Keep yourself informed about Friend of the Court procedures and your rights. The Michigan Legal Help website and the Kalamazoo County Friend of the Court Handbook are excellent resources.

Resources

Michigan Legal Help

Michigan Legal Help provides free legal information and forms for family law issues. Their website includes guides on:

• The Friend of the Court
• Enforcing custody, parenting time, and child support orders
• Filing motions and court forms
• Finding legal assistance

State Bar of Michigan

The State Bar of Michigan can help you find attorneys in your area, including those who offer limited scope representation.

Kalamazoo County Friend of the Court

The Kalamazoo County Friend of the Court office can provide information about procedures and requirements. They can also help you prepare written complaints for enforcement proceedings.

Conclusion

Friend of the Court hearings are an important part of navigating family court in Michigan. Understanding what happens at these hearings, what you need to prepare, and what your rights are can help you advocate effectively for yourself and your children. Remember that you have the right to legal representation, to present evidence, and to request a hearing if you disagree with a recommendation. Stay informed, be prepared, and consider seeking legal assistance to protect your rights throughout the process.