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Local Procedure Information for Attorneys
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All orders addressing Custody, Parenting Time, Child Support, Spousal
Support, and related issues MUST be submitted to the Friend of the Court for review
and approval at least 24 hours (not including weekends or holidays) prior to the
date and time of entry. Orders for support or spousal support must be on approved
Uniform Support Order forms with local Addendum. Temporary Orders and Judgments
must be submitted with a Judgment Information Form. Uniform Support Orders for direct
payment or $0 support must be accompanied by an Order Exempting Case from Friend
of the Court Services, FOC 102, and Advice of Rights regarding Friend of the Court
Services, FOC 101. |
Referee Hearing. Attorneys or parties may schedule motions to modify
Custody, Parenting time, to Change Domicile or Legal Residence, to establish or
modify Support, or to Determine Specific Custody or Parenting time and Support by
filing the motion and paying the required fees at the Clerks office and obtaining
a date and time from the Friend of the Courts Office; a separate order for referral
for referee hearing is not necessary for these motions.
Temporary Hearings. In order to expedite consideration of Temporary
Orders once a Return of Service is filed, a party or their attorney may request
the St. Clair County Friend of the Court to schedule a hearing for a Recommendation
for a Temporary Order regarding Custody, Parenting Time, Support, and/or Spousal
support. The Friend of the Court will schedule the hearing and send notices for
the hearing. At the hearing the Referee will provide a recommendation and require
an attorney or party to draft a proposed order pursuant to the recommendation. The
Friend of the Court will then send the proposed order consistent with the recommendation
with a 21 day notice of right to de novo hearing to the parties and any attorneys
of record.
De novo objection. Friend of the Court will send out copies of
the proposed order and the notice of right to de novo hearing to the parties and
attorneys of record. If a proper and timely objection is received, the Friend of
the Court will schedule the de novo hearing with the court and send notices of the
de novo hearing to the parties and any attorneys of record. De novo hearings will
be conducted during the Friend of the Court docket.
Notice of entry under the 7 day rule. The Court requires that any
objections to entry a domestic relations order under the 7 day rule must be served
by the objecting party on all parties and attorneys of record, as well as the Friend
of the Court, together with a notice of hearing on the objection and a copy of an
alternate proposed judgment or order. A Praecipe and filing fee of $20 must accompany
the objections and alternate proposed order.
Entry of orders pursuant to Friend of the Court investigation and recommendation:
When a recommendation is issued by the Friend of the Court after referral
for investigation, the attorney(s) in the case are responsible to prepare a proposed
order consistent with the recommendation and notice the matter on before the court.
The Court will determine which issues are resolved and whether an evidentiary hearing
need to be scheduled.
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