Michigan Friend of the Court System

The Michigan Constitution established "one court of justice" for the entire state. This one court of justice is comprised of trial courts (circuit, probate, and district) and appellate courts (the Court of Appeals and the Supreme Court). The friend of the court is part of the family division of the circuit court.

Role of Friend of the Court

As part of the family division of the circuit court, the friend of the court serves as the "amicus curiae" (acts as the "eyes and ears") of the circuit court family division judge. The office is to provide assistance to the court in matters that the court cannot exercise personal supervision over, and to furnish the court with recommendations related to domestic relations matters such as custody, parenting time, and support. The person who makes the ultimate decision in any domestic relations action is the family division judge to whom the case is assigned.

Services of the Friend of the Court

The office of the friend of the court has the responsibility for providing specific services to the public which it assists. Just as the role and function of the court has changed during the 20th century, the office of the friend of the court has evolved considerably during its history; based upon changes in statute, court rule, and public policy.

Enforcement
As a division of the circuit court that focused upon enforcement of child support in domestic relations cases on behalf of minor children who "may become public charges," the friend of the court office developed into an agency responsible for enforcing the orders of the family division of the circuit court and delivering services related to divorce, paternity actions, family support actions, and interstate actions.

Investigation (sometimes called evaluation)
In addition to providing assistance related to the collection, enforcement, and modification of child support, the friend of the court office is the investigative and enforcement entity of the family division of the circuit court with respect to child custody, parenting time (visitation), and child support.

Dispute Resolution
The friend of the court office is also required to provide -- directly or through contract -- alternative dispute resolution -- both formally and informally -- through mediation programs.

Child Support Enforcement Agency

The friend of the court office, as a social agency, is the only entity that provides ongoing case-management in domestic relations actions and assists parties to those actions in receiving access to the justice system. Since 1974, the federal government under Title IV-D of the Social Security Administration Act, has required states to have a child support enforcement agency (IV-D agency). In Michigan, that agency is the Office of Child Support (OCS) which is a division of the Department of Human Services (DHS). The OCS contracts with the counties and courts to have the prosecuting attorney and the friend of the court office provide child support enforcement activities, known as IV-D activities.

Before the Reforms of 1983

The friend of the court office was created by the Friend of the Court Act of 1919 to:

"...protect dependent minor children and to compel enforcement of chancery decrees where there are minor children in divorce cases, who are liable to become public charges and are not properly cared for by their custodians, and to enforce the payment of amounts decreed them in a court of chancery, and to enforce all interlocutory and decretal orders."

Before 1983, the chief circuit court judges recommended a person to serve as friend of the court. The Governor appointed (and on rare occasions) removed the friend of the court. There were no educational requirements established except that the friend of the court be "competent for such work."

The statutory duties of the friend of the court were: "Examining all records and files in divorce cases where there were minor children and to ascertain if the dependent children regularly received the amounts ordered by the court for support, maintenance, education, and betterment." They were also charged with:

determining if the children were being properly cared for by their custodian,

bringing to court persons who were delinquent in making payments,

reviewing cases and files to determine if support levels were sufficient and to petition for a modification of the support if the friend of the court deemed it to be in the best interest of the dependent child or the public,

making recommendations to the court for the "betterment of the conditions of dependent children" and to ascertain the moral and general conditions surrounding the dependent minor child,

holding an annual conference to "consider legislation and any and all matters pertaining to the statutory duties of the friend of the court to the end that a uniform system of conduct, duties, and procedures be established."

Between 1919 and 1982, there were only eight amendments made to the Friend of the Court Act. Pre-1983, friends of the court interpreted their statutory duties and conducted their offices based on individual preferences and practices recommended by other friend of the court members, subject to the guidance and direction provided by the court.

The 1983 Reforms

In 1982, after several years of investigation, public hearings, and study conducted by the Michigan Citizens Lobby, the Legislative Commission on the Courts, the Michigan Women's Commission, and the Michigan Legislature, the Legislature enacted major changes to the Friend of the Court Act designed to provide greater uniformity and better accountability in the provision of Friend of the Court services, with the overall goal of raising the quality of services to litigants. The changes were contained in a five bill package. Highlights of the reform legislation, which took effect in 1983, included:

establishment of educational requirements for the friend of the court,

friend of the court appointment by the chief circuit court judge,

a detailed process for the removal of a friend of the court,

requirement to investigate and make a written reports and recommendations regarding custody, parenting time, and child support issue,

clarification of the friend of the court referee function and duties,

establishment of domestic relations mediation and specific educational requirements for mediators,

separation of the referee and mediation function of the friend of the court,

provision of an annual statement of account upon request,

automatic enforcement of support orders upon reaching eight weeks of arrearage,

recording and disbursement of all support monies no less than once each month,

establishment of a process to investigate and enforce visitation and custody orders,

specific references to make-up parenting time,

establishment of a grievance process,

creation of the state Friend of the Court Bureau,

creation of the Friend of the Court Fund,

an annual performance review of the friend of the court,

a required friend of the court handbook for all litigants,

requirement to use child support guidelines created by the Friend of the Court Bureau.

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