In response to the massive case load of the Wayne County Circuit Court and the reduction in staff amongst some of the Friend of the Court personnel, there has been a reorganization of how domestic cases will be handled in the future. The Family Court Judges have devised a plan whereby more motions would actually be heard by the assigned Judge, not the Friend of the Court, yet the Friend of the Court will still be utilized on certain issues such as child support. My review of the changes as well as based upon my attendance at a meeting to announce these rules, leads me to believe that they will both streamline and simplify the procedures for dealing in Domestic Relations cases in Wayne Circuit. All motions including Friend of the Court motions and Objections to Ex Parte Orders are to be filed in the main courthouse at 201 CAYMC, 2 Woodward Avenue, Detroit, MI. All issues in a domestic case without children are to be brought before the Judge, not the Friend of the Court. The Friend of the Court will continue to handle all financial aspects in pre-judgment divorce cases with minor children. If you find that you have a case where issues have arisen which will both be addressed by the Judge and the Friend of the Court, you are encouraged to file separate praecipes as well as separate motions. The Clerk of the Court should only charge for 1 motion fee. Currently, all Show Cause Motions both pre and post judgment are still heard at the Friend of the Court. Any Evidentiary Hearings now pending before the Friend of the Court will be completed by the Friend of the Court.

The Wayne County Family Judges did prepare guidelines to assist practitioners in knowing whether to file a Judgment before the Judge or the Friend of the Court depending on whether the matter is raised pre-judgment or post-judgment.

Pre Judgment Judge | FOC | Post-Judgement Judge | FOC |
Judge, Referee, Attorney Assignments
• Pre - Judgment Judge
  1. All discovery issues.
  2. Remove a party from the marital home.
  3. Appointment of experts and fees.
  4. Attorney fees
  5. “Opt out.” P.A. 571 of 2002 (Effective December 1, 2002)
  6. Legal issues. Some examples of legal issues include:
  a) change of venue
  b) jurisdiction
  c) UCCJEA
  d) receiverships
  7. All issues in a DO case. For example: Objections to ex parte injunctive and status quo
  orders regarding property (notice to defendant must refer objections to the court).
  8. Temporary spousal support or status quo-DO cases only.
  
• FOC
  1. Objections to ex parte orders re custody, support and parenting time.
  2. Temporary custody/support/parenting time. These motions will be heard on the FOC’s Thursday docket.
  3. All child support issues (DP, DC, DM, and DZ cases)
  4. Any spousal support issue in a DM case of a DZ case with minor children.
  5. Financial status quo orders in a DM case.
  6. All show cause motions (until further notice).
  
• Post - Judgement Judge
  1. All spousal support issues (DO and DM cses).
  2. All custody issues. N.B.: The threshold must be pled and met.
  3. Relief from judgment/Set aside judgment.
  4. Change domicile. Includes moves beyond 100 miles and out of state.
  5. Enforcement of Judgment. Examples include personal property issues such as:
  a) compel sale of marital home
  b) QDRO issues other than child support
  c) COBRA issues
  d) receiverships
  6. Joint legal custody issues. Examples of issues that may require adjudication include:
  a) daycare or school choice
  b) medical care
  c) access to records.
  7. Motions to transfer. MCR 3.212
  8. Any and all other legal issues, including statute of limitations issues.
  When in doubt, call the judge’s courtroom for direction.
  
• FOC
  1. All child support issues. Examples include:
  a) modification of support
  b) unpaid medical bills
  c) audit or accounting
  d) FIDM
  2. All parenting time issues. P.A. 568 of 2002 (Effective December 1, 2002)
  3. All non-contempt support enforcement. Examples include:
  a) license suspension
  b) case closure
  c) QDRO’s to enforce support
  4. In pro per consent docket-support and de facto custody issues.
  5. All show cause motions (until further notice)
  
• Judge, Referee, Attorney Assignments
  

  Judges	Referees	Attorneys
  Jeanne Stempien Carole Youngblood Bill Callahan Amy Hathaway Kathleen McCarthy Lita M. Popke Helen E. Brown Richard B. Halloran Michael J. Callahan Arthur J. Lombard Kathleen MacDonald Maria L. Oxholm Consent & Miscellaneous	Lyn A. Sippola Rm. 251, 224-5360 Kenneth Ross Rm. 254, 224-5343 Rosanne S. Hostnik Rm. 554, 224-5311 Lynn A. Ruhlman Rm. 555, 224-5373 Allen F. Pease Rm. 654, 224-5341 David J. Calandro Rm. 655, 224-5336 Harriet Harris Rm. 551, 224-0350	Carl Meyer 224-6754 Jeff Goldberg 224-8158 Camille Dennis 224-3789 Al Skrok 224-7984 Diane Biggar 224-0284 Jessica Walker 224-0381
  Supervisors	Bench Warrants Court Services Litigation	Amy McCarthy 224-0382 Johanna Peltier 224-6762 Margery Mann 224-6992
  Other Attorneys	Bench Warrants/Jail CAYMC Reviews	Steve Malyn 224-3781 Michael B. O’Leary 224-4102
  Special Assistant Prosecuting Attorneys	Lincoln Hall	Jill Bush 833-5077 Mary Kedzior 833-2764 Shelly Payne 833-0577

In addition to these guidelines, the Court is trying to effectuate several changes including the provision to opt-out of the Friend of the Court system. It is advisable that you read the statute P.A. 571 of 2002 (Effective December 1, 2002) before advising your clients whether this provision would benefit them. Further, if your clients have any complaint regarding parenting time, be advised that unless the complaint is filed within 56 days of the act complained of, the Friend of the Court does the option to reject the complaint in it’s entirety.

The Wayne County Family Court bench has also agreed that all 12 Judges will be rotated through the position of PPO Judge for a week at a time.

The changes proposed by the Wayne County Family Court bench can only viewed as a significant step to providing our clients with a prompt resolution of the issues which are so important to them. If, you find yourself delayed, please remember that the Wayne County Family Court processes 1,690 motions a month. While there are 211 staff members, they assist 6,000 customers each week. There are 50,000-60,000 contacts with the automated response system and there are 220,000 active cases being monitored by the Friend of the Court.

Please also note that there are now inquiry forms being maintained on the second floor, Friend of the Court office in the main courthouse for problems with the receipt of child support payments.

The impression I received from attending the lecture is that there is a sincere desire on the part of all the Family Court bench as well as the Friend of the Court to try to make the system as efficient and flawless as possible. Additional information is and contact people will be posted at the General Practice website for your further assistance.