FD/FOC4031 MOTION TO CHANGE PARENTING TIME You must file this motion and pay the $100.00 fee in Room 928 Coleman A. Young Municipal Center • THIS PACKET CONTAINS THE FOLLOWING: o COVER SHEET (FD/FOC4031-a) o INSTRUCTIONS-PARENTING TIME MOTION (FD/FOC4031b) o INSTRUCTIONS-HOW TO FILE A PARENTING TIME MOTION (FD/FOC4031c) o MOTION TO CHANGE PARENTING TIME (Visitation) (FD/FOC 4031) o FRIEND OF THE COURT PRAECIPE (FD/FOC 4004) o CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) o ORDER-GENERIC (FD/FOC4027) o CERTIFICATE OF MAILING TRUE COPY OF ORDER (FD/FOC4026) o PARENTING INTERACTION PROGRAMS FLYER Do Not Mail this Motion to the Friend of the Court FD/FOC4031a (08/06) COVER SHEET-PARENTING TIME MOTION American LegalNet, Inc. www.FormsWorkflow.com PARENTING TIME INSTRUCTIONS FOR COMPLETION OF A MOTION TO START OR CHANGE PARENTING TIME Contact the other party. If you both agree to a change of parenting time, your motion will be processed on a faster track. Either way, follow the instructions, on this sheet, which apply to your situation. Complete the Motion to Change Parenting Time: Paragraph 1: You must have a Friend of the Court case for your child(ren). Put the case number on the top of the form. Attach copies of all previous parenting time orders, if any. Paragraph 2: State the details of your parenting time agreement, including the date it is to be effective, or, if you cannot agree, the details of the parenting time arrangement you are requesting. Use the back of the motion form if you need more space. Type or write so that it is readable. Paragraph 3: State why you believe this parenting time proposal is in your child(ren)’s best interests. Use the back of the motion form if you need more space. Incomplete statements will cause the papers to be sent back to you. Type or write so it is readable. Paragraph 4: IF BOTH PARENTS AGREE, check box 4. Both parties must sign and date the form. Your signatures are required to show that you are in agreement. (THIS PARAGRAPH DOES NOT APPLY WHEN THERE IS NO AGREEMENT. Go to paragraph 5.) Paragraph 5: IF THE OTHER PARTY DOESN’T AGREE, check box 5, SIGN and DATE the form. Write the refusal date. Paragraph 6: REVIEW THE ATTACHED INFORMATION ABOUT FILING A MOTION THAT MUST BE INVESTIGATED BY FRIEND OF THE COURT AND THEN SCHEDULED BEFORE THE REFEREE FOR THE JUDGE TO WHOM YOUR CASE IS ASSIGNED. PLEASE BE AWARE THAT A COPY OF EVERYTHING YOU HAND IN WILL BE GIVEN TO THE OTHER PARTY. NOTE: Friend of the Court will notify you each of the hearing date, time and place. Your notice will be mailed to your address on the Friend of the Court records. Make sure that your address is correct. If it is not correct, call 313-224-5300 and follow the directions for changing your address. You must BOTH be present when you are scheduled. You must put your agreement on the record in front of the Referee, OR state your position on the record in front of the Referee so a proper decision can be made. If the person who submitted the motion is not present, the current order or arrangement will not be changed. FD/FOC4031b (08/06) SPECIFIC INSTRUCTIONS-PARENTING TIME MOTION American LegalNet, Inc. www.FormsWorkflow.com HOW TO FILE A MOTION TO CHANGE PARENTING TIME 1. This packet contains instructions and blank forms for Friend of the Court Praecipe, motion, certificates of mailing, and order. 2. By using this form packet you are representing yourself in a court action. In order to receive the action you are asking for, you must follow these instructions. You may be required to conduct legal research in order to proceed. Court personnel are prohibited from providing legal advice. If you fail to do even one of the required steps, your Motion may not be processed. 3. All documents must be typed or written legibly using black ink, not pencil. 4. Use these instructions only if you are a party to an existing case for custody, divorce, separate maintenance, family support, support or paternity. This process cannot be used to start a new case. 5. Use these instructions because your motion is of a type specified to be screened or investigated first. 6. If the other party is incarcerated, you have certain additional requirements that you must meet. Please consult MCR 2.004 or a private attorney. Indicate on your papers following the person’s name that the person is incarcerated and in what facility he or she is being held. 7. A motion is the document you prepare to ask the court to change the existing order. An existing order cannot be changed except by a new order. 8. A separate motion packet must be prepared for each case. Separate cases cannot be combined in the same documents. 9. You must first determine the judge who is now assigned to your case. You can obtain this information from the office of the Wayne County Clerk or the Friend of the Court. 10. Complete all the case information on all forms following the instructions. Write your motion. 11. Remember that a motion must very specifically state what relief or modification you are requesting. It must also very specifically state why you believe the judge should rule in your favor. All relevant and necessary documentation must be attached to the motion. Some types of relief or modification have certain very specific requirements. You may need to research the law or consult an attorney. 12. Prepare the FOC praecipe form. Fill in everything except the Referee’s name, date, time and location. For date, time and location, write “TO BE SET BY FRIEND OF THE COURT”. Your motion will be first screened/investigated and then, if necessary, set for hearing on a recommendation by Friend of the Court. 13. Bring the original and four copies of your Motion packet (Motion and Praecipe) to the Wayne County Clerk, 928 Coleman A. Young Municipal Building (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. 14. You will be required to print out case labels before submitting your Motion. A machine is set up for this purpose in the clerk’s office. 15. You must pay two fees: (1) $20 motion filing fee and (2) $80 parenting time judgment fee, for a total of $100 payable by cash or money order to the Wayne County Clerk, in room 928 Coleman A. Young Municipal Center (formerly known as the City-County Building) Two Woodward Avenue, Detroit, MI 48226. For fee waiver, you must first apply to the Chief Judge. FD/FOC4031c (08/06) FILING INSTRUCTIONS-PARENTING TIME MOTION (page 1) American LegalNet, Inc. www.FormsWorkflow.com 16. The clerk will stamp your Motion Praecipe to indicate the fees have been paid. The clerk will keep and file the original Motion packet. The clerk will keep the Friend of the Court packet and return the rest of the copies to you. 17. The Circuit Court Clerk’s office will send the Friend of the Court packet, by special courier, to the Penobscot Building to be placed on the screening/investigation schedule. Do not bring a copy to the Penobscot Building. 18. Mail (serve) a complete Motion packet (Motion and Praecipe) to the other party. Make sure you include copies of any additional pages you have written in the copy packet you send to the other party. a. If you do not have the address of the other party, you may obtain the address at the Friend of the Court on the 2nd floor of the Penobscot Building, 645 Griswold, Detroit, Mi 48226. b. If the address is marked as confidential in the Friend of the Court records, then the Friend of the Court will mail the packet to the other party. You will need to leave a copy of the packet with the Friend of the Court if this occurs. 19. Immediately after you mail the Motion packet, complete the certificate of mailing and file it with the Wayne County Clerk, in room 201 Coleman A. Young Municipal Center, (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226.. 20. Bring a copy of your packet and certificate of mailing with you to any hearing on the motion. 21. Response from the other party: If you receive a response to your Motion from the other party, make sure you read it before you attend the hearing. Think about what you want to say on your behalf. You may want to make notes about what you will say in court. 22. After the hearing: a. b. An exception to this responsibility is for support modification orders. For support modification orders, Friend of the Court will prepare and mail copies of the resulting order. c. 23. You are responsible for preparation and entry of an Order. If the judge agrees, the attached form order may be completed after the hearing and presented for signature. You must prepare an original and 4 copies for the court to complete for the Friend of the Court, you and the other party. You are responsible for mailing a True Copy of the Order to the other party after the hearing and filing a certificate of mailing, with the exception of support modification Orders. The court will keep the Friend of the Court copy and send it to Friend of the Court. FD/FOC4031c (08/06) FILING INSTRUCTIONS-PARENTING TIME MOTION (Page 2) American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CASE NO. MOTION TO CHANGE PARENTING TIME (Visitation) PENOBSCOT BUILDING 645 GRISWOLD, DETROIT, MI 48104 Please print neatly or type. ALL INFORMATION IS ESSENTIAL. Plaintiff’s Name, Address and Telephone No. Defendant’s Name, Address and Telephone No. USE THE BACK OF THIS FORM TO GIVE DETAILS WHERE NECESSARY. SEE INSTRUCTIONS. 1. An Order regarding our child(ren) has been entered in this case. 2. I ask the Court to change parenting time of the child(ren) as follows: (You must specify what parenting time arrangement you are requesting) 3. Circumstances have changed since the Order and it is in the best interests of the child(ren) to change parenting time for these reasons: (You must explain why parenting time should be changed.) 4. We have agreed to the parenting time arrangement as indicated above in Paragraph #2, as shown by our dated signatures. __________/_________________ DATE / Signature of Plaintiff DATE Signature of Defendant 5. I declare that the above statements in #1, #2 and #3 are true to the best of my information, knowledge and belief AND that I requested the changes from the other party on (DATE) Date: SIGNATURE OF PARTY FILING MOTION: ____ but that request has been refused. _______________________________________ PLEASE PRINT NAME:_________________________________________________________ DO NOT WRITE BELOW THIS LINE NOTICE OF HEARING FRIEND OF THE COURT USE ONLY A hearing will be held on this Motion. You will be given notice of the date, time and place by mail to your address on record at FOC. **IF YOUR ADDRESS IS NOT CORRECT, TAKE STEPS IMMEDATELY TO CORRECT IT** NOTE : YOU MUST APPEAR IN COURT AS NOTIFIED IF YOU WANT THE REFEREE TO HEAR YOUR POSITION ON THIS MOTION. You may represent yourself of retain an attorney. If you require special accommodations to use the court because of a disability, please contact the court immediately to make arrangements. When contacting the court, provide your case number (s). DO NOT WRITE BELOW THIS LINE * *PROOF OF SERVICE** FOR FRIEND OF THE COURT USE ONLY I certify I mailed a copy of this Motion and Hearing Notice to the parties at their Friend of the Court addresses of record on this date. Date: FD/FOC4031 (08/06) Signature: __________________________________________ MOTION TO CHANGE PARENTING TIME (Visitation) American LegalNet, Inc. www.FormsWorkflow.com PLEASE ATTACH THIS PRAECIPE TO COMPLAINT, COUNTERCLAIM OR MOTION STATE OF MICHIGAN COUNTY OF WAYNE PRAECIPE FOR MOTION NOTICE OF HEARING THIRD JUDICIAL CIRCUIT CERTIFICATE OF SERVICE FAMILY DIVISION CASE NO. Court address: Penobscot Building--645 Griswold, Detroit, Michigan 48226 Court telephone no. (313) 224-5300 FILE WITH FRIEND OF THE COURT ONLY CERTIFICATION ________________________________________________ Plaintiff I certify that the attached pleading is in compliance with MCR 2.114. ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ (Signature): _______________________________________ Attorney for Petitioner Employer: ________________________________________ Date: _______________________________ 20_________ Address:_________________________________________ Social Security No.: ________________________________ VS. ________________________________________________ Defendant ________________________________________________ Street and No. City/State/Zip Telephone No.: ___________________________________ Employer: ________________________________________ Address:_________________________________________ Social Security No.: ________________________________ TO OFFICE OF FRIEND OF THE COURT, 645 GRISWOLD, DETROIT, MICHIGAN 48226 Please place a Motion for (state Motion title) on Domestic Relations Motion Calendar for This action has been assigned to JUDGE at (Date) (Name) or REFEREE Where to be heard . (Time) . (Name) . NOTICE TO ATTORNEYS: Atty. for Petitioner: The notice of hearing on MISCELLANEOUS motions and Attorneys’ orders to show cause shall give the time, date and place of hearing. Address: Telephone No.: A proof of service of the motion and notice of the hearing shall be available at the time of hearing. Atty. for Opposite Party Please attach copy of Complaint, Counterclaim or Motion, to Praecipe. Telephone No.: Adjourned to: Disposition: Address: Adjourned to: Adjourned to: FD/FOC4004 (08/06) PRAECIPE FOR MOTION / NOTICE OF HEARING / CERTIFICATE OF SERVICE American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CERTIFICATE OF MAILING Case Number: RE: MOTION & NOTICE OF HEARING TWO WOODWARD AVE., DETROIT, MI 48226 Plaintiff's name, address, and telephone no. Defendant's name, address and telephone no. V I certify that on this date I served the other party with a copy of the attached motion and notice of hearing by ordinary mail with first-class postage fully pre-paid, addressed to the person at the address indicated on the motion. Date Signature FD/FOC4020 (08/06) CERTIFICATE OF MAILING-MOTION & NOTICE OF HEARING American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY CASE NO.: _________________ ORDER JUDGE ____________________ For: COURT ADDRESS: TWO WOODWARD AVENUE, DETROIT, MI 48226 Defendant's name, address and phone no. Plaintiff's name, address and phone no. VS At a session of Court in Detroit, MI on: __________________ PRESENT: HON. __________________ THE COURT FINDS: IT IS ORDERED: CIRCUIT JUDGE FD/FOC4027 (03/03) ORDER American LegalNet, Inc. www.FormsWorkflow.com STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY Case Number: CERTIFICATE OF MAILING RE: ORDER COURT ADDRESS: TWO WOODWARD AVE., DETROIT, MI 48226 Plaintiff's name, address, and telephone no. Defendant's name, address and telephone no. VS I certify that, on this date, I served the other party with a copy of the attached TRUE COPY of the Order which was entered on ________________________ by ordinary mail with first-class postage fully pre-paid, addressed to the other DATE party to the case at the following address: Name of person the Order was sent to: _________________________________________________ Mailing Address: _______________________________________________________________ ___ _______ DATE SIGNATURE FD/FOC4026 (03/03) CERTIFICATE OF MAILING OF ORDER/TRUE COPY American LegalNet, Inc. www.FormsWorkflow.com DATE: On the first and third Friday of the month (Except the weeks of Court observed holidays) DATE: On the second and fourth Friday of the month (Except the weeks of Court observed holidays) TIME: 1:00 P.M. ~ 3:00 P.M. On their respective Fridays PLACE: Coleman A. Young Municipal Center Room 301~Jury Room 2 Woodward Avenue Detroit, MI 48226 COST: FREE CERTIFICATE OF ATTENDANCE AWARDED TO EACH ATTENDEE NO RESERVATIONS REQUIRED. For more information, contact: David Manville 313-224-6753 American LegalNet, Inc. www.FormsWorkflow.com