File Transfer Procedure

Transfer of a case to another county must be pursuant to MCR 3.212

• A file cannot be transferred unless both parties live outside St. Clair County and have been for at least six months.
• A file cannot be transferred to an adjoining county (Macomb, Lapeer or Sanilac).

The Motion/Stipulation for Transferring Case (form FOC 24 6/98) must be used for cases stipulating to a transfer AND for those without consent. A motion fee must be paid ONLY if there is no consent and a motion is filed with County Clerk requiring a referee hearing.

If there is no stipulation, a Motion to transfer MUST be filed and a referee hearing scheduled. ($20 motion fee to be paid).

TRANSFER FEES

ALL FEES MUST BE PAID PRIOR TO TRANSFER BY THE PARTY REQUESTING THE TRANSFER UNLESS OTHER ARRANGEMENTS ARE MADE. This includes service fees, shipping and transfer fee.

Transfer fee per statute is $230 for DM (Divorce with Minor Children) cases, $150 for DO (no children). Fee is $230 to transfer a DC (Custody) case or a DS (Non-Support) or DP (Paternity) case originally filed by an attorney. If the DS or DP case was initiated by the State – (FIA or DHS) there is no charge for a transfer. Transfer fee is payable to the County Clerk of the county that the case is being transferred to. If transfer is initiated by this Friend of the Court, there are no transfer fees.

In addition, a $10.00 file shipping fee must be paid to transfer the file. Shipping fee may be paid by cash or check/money order payable to St. Clair County Friend of the Court.

Service fees must be paid before file is transferred.