--- name: mi-family-court description: > Use to choose a venue and handle filing mechanics for Michigan domestic-relations cases in the Family Division of Circuit Court: divorce, custody, parenting time, child/spousal support, paternity, juvenile, adoption, name change, PPOs. Triggers include "Michigan family court", "Friend of the Court Michigan", "Michigan PPO", "file for divorce Michigan", "MCR 3.200 domestic relations", "where to file for divorce in Michigan", "Michigan child support FOC". Covers where to file, Friend of the Court's role in support/custody/parenting-time enforcement, intake, SCAO mandatory forms, mediation expectations, and self-represented family filings. Defers substantive divorce/custody/support law to `mi-family-law` and document form to `mi-statewide-format`. version: 0.2.0 --- # Michigan Family Court — Family Division of Circuit Court > **NOT LEGAL ADVICE.** Divorce, custody, support, and protection-order > decisions have lasting consequences for children, property, and > safety. Strongly consider consulting a licensed Michigan family-law > attorney even on an agreed or "simple" matter. This skill is a > drafting/venue aid; verify the venue's current local rules and the > controlling statutes and court rules before filing. Michigan has no freestanding "family court" trial court. Effective **January 1, 1998**, the legislature created the **Family Division of Circuit Court** (the "Family Court") and gave it **sole and exclusive jurisdiction** over family matters — **MCL 600.1001 et seq.** and **MCL 600.1021**. The Family Division consolidated matters previously split between the Circuit Court and the Probate Court so that one division (and, where the county's family-court plan provides, the same judge) handles a family's related cases. This skill covers where to file, the Friend of the Court's role, and filing mechanics. For substantive law (grounds, custody factors, the child-support formula, spousal support, parenting time, parentage), see `mi-family-law`. For document form, see `mi-statewide-format`. ## What this venue handles Under **MCL 600.1021** the Family Division has sole and exclusive jurisdiction over, among others: | Matter | Heard in the Family Division? | |---|---| | Divorce, separate maintenance, annulment | **Yes** | | Property division, spousal support incident to divorce | Yes — with the divorce | | Child custody and parenting time | **Yes** | | Child support and enforcement | **Yes** (Friend of the Court) | | Paternity / parentage — Acknowledgment of Parentage Act + the Paternity Act | **Yes** | | Juvenile delinquency and child abuse/neglect | **Yes** (formerly Probate) | | Adoption | **Yes** | | Name change | **Yes** | | Emancipation of a minor | **Yes** | | Personal protection orders (PPOs) | **Yes** — MCL 600.2950 / 600.2950a | | Guardianship / conservatorship (ancillary) | Coordinated under the county family-court plan | > Because jurisdiction is **exclusive and consolidated**, a family's > related cases (e.g., a divorce, a PPO between the spouses, and an > abuse/neglect petition involving the children) are generally assigned > together under the county's family-court plan. Confirm the local > assignment/one-judge practice with the venue skill. ## Venue and the one-court-of-justice structure - File in the **Circuit Court for the county** of proper venue. For divorce, confirm the **residency requirement** (statewide residency plus county residency for a set period before filing) under the Title 552 dissolution statutes — see `mi-family-law`. - If there are minor children, confirm Michigan is the child's home state under the **UCCJEA** and plead the jurisdictional allegations. - Each Circuit Court has a **family-court plan** describing how family cases are assigned (often "one family, one judge"). The plan and the local administrative orders control intake routing — verify with `mi-wayne`, `mi-oakland`, `mi-circuit-courts`, or the relevant venue skill. ## The Friend of the Court (FOC) — central to support, custody, and parenting time The **Friend of the Court Act, MCL 552.501 et seq.** (1982 PA 294) creates an FOC office in **every county**, integral to Family Division practice. Its statutory purposes include protecting the best interests of children, helping parties resolve contested matters, and enforcing custody, parenting-time, and support orders. Functions a filer meets: - **Investigation and recommendation** on custody, parenting time, and support — the FOC may prepare a report the court considers. - **Support computation / IV-D** — computes support under the **Michigan Child Support Formula** (`mi-family-law`), administers **income withholding**, works with the state IV-D program. Open an FOC case at filing. - **Enforcement** — support arrears and parenting-time orders via show-cause/contempt referrals, license sanctions, and other tools. - **Dispute resolution / mediation** the FOC offers or refers. > Many counties require a **Domestic Relations Verified Statement** (or > equivalent SCAO/FOC intake form) when support, custody, or parenting > time is at issue, so the FOC can open its file. ## Personal protection orders (PPOs) PPOs are filed in the **Family Division**. Two statutory tracks: - **MCL 600.2950 — domestic-relationship PPO.** Available against a spouse, former spouse, person with whom the petitioner has a child in common, a current/former dating-relationship partner, or a current/former household resident. Restrains assault, threats, stalking, firearm possession, interference with children, workplace contact, and similar conduct, on a **reasonable cause** standard. - **MCL 600.2950a — stalking / sexual-assault PPO.** For petitioners with **no** qualifying domestic relationship (the non-domestic track). Mechanics to flag (verify the current figures): - The court may issue an **ex parte** PPO without notice on a showing of irreparable injury; an ex parte PPO is effective on entry and is valid for at least **182 days** — confirm the current minimum. - A respondent may **move to terminate or modify** an ex parte PPO within the time set by **MCR 3.707** — verify the current window. - Violation is punishable as **criminal contempt** (for an adult, up to **93 days** in jail and a **$500** fine — confirm current penalties). - The PPO court rules live at **MCR 3.701-3.709**. Use the SCAO **CC/PC PPO forms** (petition, order, and the law-enforcement information sheet). Route through `mi-draft-motion` / `mi-draft-order` and confirm the venue's PPO intake desk. ## The domestic-relations court rules — MCR 3.201-3.229 Subchapter **3.200 of the Michigan Court Rules** governs domestic- relations actions, overlaying the general civil rules. Among the rules a filer uses (confirm current text/titles in the corpus): - **MCR 3.201** — applicability / scope. - **MCR 3.205** — prior and subsequent orders affecting minors (notice to other courts/FOC offices with an existing order). - **MCR 3.206** — content of the complaint and required allegations (incl. the verified statement / FOC information). - **MCR 3.207** — ex parte, temporary, and protective orders. - **MCR 3.210** — hearings and trials (incl. default-divorce proofs). - **MCR 3.211** — judgments and orders (required divorce-judgment provisions, incl. support and the **Uniform Support Order**). - **MCR 3.214-3.219** — FOC procedures, income withholding, support enforcement, and FOC-file access. **MCR 3.216** — mediation. - **MCR 3.229** — verify the current end of the subchapter. Treat these titles as pointers — verify each against `references/` before relying on a number; the subchapter is periodically renumbered. ## SCAO mandatory forms Michigan uses **State Court Administrative Office (SCAO) approved forms**, many **mandatory** in domestic-relations and PPO practice: - **FOC series** — support/custody/parenting-time forms (e.g., Uniform Child Support Order, parenting-time pleadings, Verified Statement). - **DV / CC-PC series** — domestic-violence and PPO petition/order forms. - **MC series** — general civil forms (summons, fee waiver, proof of service). Use the current revision from the SCAO forms catalog; courts may reject superseded versions. Confirm whether the county requires the SCAO form. ## Filing mechanics 1. **Confirm jurisdiction and venue** — Family Division of the county Circuit Court; divorce residency; UCCJEA home-state allegations for children (`mi-family-law`). 2. **Prepare the initiating documents** — the complaint/petition stating the statutory basis; the FOC **Verified Statement** where support or children are involved; for divorce with children, the information the court needs to enter custody, parenting-time, and a Uniform Support Order; PPO petition where protection is sought. Use `mi-statewide-format` for the **MCR 1.109** format/caption/signature and redaction of protected personal identifiers, and `mi-draft-motion` / `mi-draft-declaration` / `mi-draft-order` for the documents. 3. **File and pay (or waive) the fee** — with the Circuit Court Clerk; an **MC 20 fee-waiver** affidavit may waive fees for qualifying self-represented filers. Confirm the county's filing fee and whether **MiFILE** (Michigan's statewide e-filing system) is mandatory for the case type and venue (`mi-file-packet`, and the venue skill). 4. **Serve** the summons and complaint/petition under **MCR 2.105** within the summons period; the answer is generally due per the civil rules (`mi-first-30-days`). PPO service and the law-enforcement entry into LEIN follow the PPO rules. 5. **FOC intake** — the FOC opens its file; expect referral to FOC investigation, mediation, or a referee for support/parenting-time. 6. **Mediation / ADR** — see below. ## Mediation and ADR expectations Michigan courts routinely refer contested custody and parenting-time disputes to **domestic-relations mediation under MCR 3.216**, and the **FOC** offers or refers parenting-time mediation. Many courts use **referees** (FOC referees) to hear support and parenting-time matters and issue recommended orders subject to a **de novo** judicial review on timely objection — confirm the county's referee practice and the objection window. Verify each venue's mediation order, screening for domestic violence, and cost-sharing with the venue skill. ## Self-represented (pro se) family intake - Michigan provides extensive **self-help resources** and SCAO **do-it-yourself** packets (e.g., divorce with/without children, PPO, custody/parenting-time motions) through the courts' self-help resources and Michigan Legal Help. Confirm the current packet and that the county accepts it. - Designate the filer clearly as self-represented in the signature block (no Michigan bar number) — see `mi-pro-se`. - Clerks and the FOC explain **procedure**, not legal advice. Encourage consultation with a licensed Michigan family-law attorney where there are minor children, retirement assets, real property, a business, safety concerns, or any disputed issue. ## Composition - For substantive law (grounds, custody best-interest factors, the Michigan Child Support Formula, spousal support, parenting time, parentage under the Acknowledgment of Parentage Act and the Paternity Act, UCCJEA/UIFSA): `mi-family-law` - For format (MCR 1.109 caption, signature, redaction): `mi-statewide-format` - For the specific county / clerk / family-court plan and e-filing: `mi-wayne`, `mi-oakland`, `mi-circuit-courts` - For pro se conventions and SCAO/self-help forms: `mi-pro-se` - For the answer and first-response window: `mi-first-30-days` - For deadlines and time computation: `mi-deadlines` - For assembling and preflighting the filing packet (MiFILE): `mi-file-packet` - For scheduling and hearings (including FOC referee hearings): `mi-schedule-hearing`, `mi-hearings` - For the proposed judgment/order and Uniform Support Order: `mi-draft-order`, `mi-submit-order` ## References - `references/family-division-jurisdiction.md` — MCL 600.1001 / 600.1021 scope; the 1998 consolidation; the county family-court plan - `references/friend-of-the-court.md` — MCL 552.501 et seq.; FOC investigation, support computation, income withholding, enforcement, referee practice and de novo review - `references/ppo-procedure.md` — MCL 600.2950 / 600.2950a; MCR 3.701-3.709; ex parte issuance, the 182-day term, termination/ modification window, contempt penalties, SCAO PPO forms - `references/mcr-3200-series.md` — the domestic-relations court rules (MCR 3.201-3.229) with current titles - `references/scao-forms-and-intake.md` — FOC / DV / CC-PC / MC form series; the Verified Statement; self-help and do-it-yourself packets