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Request For Custody And Parenting Time Order Enforcement Package Form. This is a Michigan form and can be use in Wayne Local County.
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Tags: Request For Custody And Parenting Time Order Enforcement Package, FD-FOC 4052, Michigan Local County, Wayne
FD/FOC4052
USE THIS PACKET
FOR
PARENTING TIME/CUSTODY ENFORCEMENT
REQUEST
• THIS PACKET CONTAINS THE FOLLOWING:
o
COVER SHEET (FD/FOC4052a)
o
INSTRUCTIONS-PARENTING TIME & CUSTODY
ENFORCEMENT REQUEST (FD/FOC4052b)
o
HOW TO FILE A PARENTING TIME/ENFORCEMENT
REQUEST (FD/FOC4052c)
o
AFFIDAVIT TO REQUEST CUSTODY & PARENTING
TIME ORDER ENFORCEMENT (FD/FOC4052)
o
NOTICE OF HEARING—GENERIC (FD/FOC4019)
o
CERTIFICATE OF MAILING: PARENTING
TIME/CUSTODY ENFORCEMENT REQUEST
(FD/FOC4014)
o
INCARCERATED PARTY—SPECIAL INSTRUCTIONS:
MICHIGAN COURT RULE 2.004 (FD/FOC4058)
o
MAKEUP PARENTING TIME POLICY (FD/FOC4056)
o
PARENTING INTERACTION PROGRAMS FLYER
FD/FOC4052a (7/04)
COVER SHEET-PARENTING TIME/CUSTODY ENFORCEMENT REQUEST
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INSTRUCTIONS
FOR PARENTING TIME & CUSTODY ENFORCEMENT REQUEST
You claim that the other parent has violated your court order regarding parenting time
and/or custody.
A “CUSTODY & PARENTING TIME ORDER ENFORCEMENT
REQUEST” form is enclosed. Please read this instruction sheet first. Your situation must
meet these four requirements:
YES, I have a Wayne County domestic relations case for my child(ren).
YES, I have a court order for custody and specific parenting time in my case.
YES, the other parent has violated the court ordered parenting time or has violated the
custody provisions of the order on specific occasions.
YES, the violation happened fewer than 56 days ago.
If you can answer YES to all the requirements above and you follow the instructions below,
the Friend of the Court will take steps to enforce your order. Your case may be scheduled
for a hearing and the other parent ordered to appear to show cause why she or he should
not be held in contempt of court for violation of the court order. The Friend of the Court will
notify you of the enforcement remedy.
YOU MUST REQUEST A MODIFICATION OF YOUR ORDER IF THE CUSTODY OR
PARENTING TIME ORDER IS NO LONGER APPROPRIATE.
REQUEST
MODIFICATION FORMS AT 250 PENOBSCOT BUILDING, CALL (313) 224-5300 OR
THE FAX LIBRARY @ (313) 967-3662, OR GO TO www.3rdcc.org TO DOWNLOAD.
HOW TO COMPLETE YOUR PARENTING TIME &/OR
CUSTODY ENFORCEMENT REQUEST
1.
On the attached form, fill in the case number and both parties’ full information.
2.
In Paragraph One, write the date(s) of the relevant Order(s).
3.
In Paragraph Two, write the date(s) and circumstance(s) of the specific violations.
4.
Sign and date the Affidavit in the appropriate place before a notary. If your affidavit is
not notarized, your request for enforcement will not be processed.
5.
You must include copies of all the relevant Orders. If you do not attach the copies,
your request for enforcement may not be processed.
6.
The matter will be set for a meeting or hearing. Both parties will receive copies of
the enforcement request with the scheduling information.
7.
You must appear at the scheduled meeting or hearing. If you do not appear, the
matter will be dismissed OR you may face contempt of court penalties.
FD/FOC4052b (10/03) INSTRUCTIONS - PARENTING TIME AND CUSTODY ENFORCEMENT REQUEST
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HOW TO FILE A PARENTING TIME/CUSTODY ENFORCEMENT REQUEST
1.
This packet contains instructions and blank forms for Parenting Time/Custody Enforcement
Request, Notice of Hearing (form FD/FOC4019) and Certificate of Mailing.
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 Request 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 Request is of a type specified to be screened or
investigated first.
6.
If the other party is incarcerated with the Michigan Department of Corrections, you have
certain additional requirements that you must meet. Please see INCARCERATED PARTY
Special Instructions (attached). 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 separate Parenting Time/Custody Enforcement Request packet must be prepared for each
case. Separate cases cannot be combined in the same documents.
8.
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.
9.
Complete all the case information on all forms following the instructions. Write your motion.
10.
Remember that your Parenting Time/Custody Enforcement Request 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.
11.
Prepare the FOC Notice of Hearing form. Write in your case number and the plaintiff and
defendant information. Check the bottom box for “A hearing will be held on this motion after
screening and/or investigation”. Date and sign the Notice of Hearing. Your Parenting
Time/Custody Enforcement Request will be first screened/investigated and then, if necessary,
set for hearing on a recommendation by Friend of the Court.
12.
Bring the original and four copies of your Parenting Time/Custody Enforcement Request
packet (Affidavit to Request Custody & Parenting Time Order Enforcement and Notice of
Hearing) to the Wayne County Clerk, 201leman A. Young Municipal Building (formerly
known as City County Building), Two Woodward Avenue, Detroit, MI 48226.
13.
You will be required to print out case labels before submitting your documents. A machine is
set up for this purpose in the clerk’s office.
FD/FOC4052c (7/04)
HOW TO FILE PARENTING TIME/CUSTODY ENFORCEMENT REQUEST (Page 1)
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14.
File the original packet 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. Ask the Clerk to place the FOC copy in the FOC box.
15.
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.
16.
Mail (serve) a complete Parenting Time/Custody Enforcement Request packet (Affidavit to
Request Custody & Parenting Time Order Enforcement and Notice of Hearing) 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.
17.
Immediately after you mail the Parenting Time/Custody Enforcement Request 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.
18.
Bring a copy of your packet and certificate of mailing with you to any hearing on your
request.
19.
Response from the other party: If you receive a response to your Parenting Time/Custody
Enforcement Request 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.
20.
After the hearing:
a.
b.
21.
Friend of the Court will prepare and mail copies of the resulting order. This is an
exception to your responsibility for preparation and entry of Orders following a motion
hearing.
Friend of the Court will mail a copy of the Order to the other party after the hearing
and file a certificate of mailing.
The court will keep the Friend of the Court copy and send it to Friend of the Court.
FD/FOC4052c (7/04) HOW TO FILE PARENTING TIME/CUSTODY ENFORCEMENT REQUEST (Page 2)
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STATE OF MICHIGAN
THIRD JUDICIAL CIRCUIT
WAYNE COUNTY
AFFIDAVIT TO REQUEST
CUSTODY &
PARENTING TIME ORDER
ENFORCEMENT
CASE NO.
Hon. ___________________
CUSTODIAL PARENT:
NON-CUSTODIAL PARENT:
Name and Address and phone number
Name and Address and phone number
This party is incarcerated and a telephonic hearing is required.
This party is incarcerated and a telephonic hearing is required.
_______________
___________________
_______________
___________________
Prisoner ID #
Dept. of Corrections’ Prison Name
Prisoner ID #
Dept. of Corrections’ Prison Name
I claim that my order has been violated by acts of the other parent. My daytime phone number is:
1. On
, a court order or orders were entered in this case, awarding me parenting time
DATE OF ORDER
with and/or custody of the child(ren) of this case.
2.
I state that the other parent has violated the Order(s) as follows: (Write down the specific violation(s) with date(s),
and attach a copy of your Order with the specific violations marked.)
3.
I ask that enforcement action be taken by the Friend of the Court as allowed by law, based upon this
request.
DATE
YOUR SIGNATURE
SUBSCRIBED AND SWORN BEFORE ME ON
SIGNATURE
NOTARY PUBLIC,
MY COMMISSION EXPIRES ON
COUNTY
YOU MUST USE A “MOTION TO CHANGE PARENTING TIME” OR
“MOTION TO CHANGE CUSTODY” INSTEAD OF THIS FORM IF:
•
•
YOU DO NOT HAVE A PARENTING TIME ORDER.
YOU WANT TO CHANGE THE PARENTING TIME ORDER OR CUSTODY ORDER YOU HAVE
YOUR MOTION/ENFORCEMENT REQUEST MUST BE SCHEDULED BY
FRIEND OF THE COURT
FOLLOW THE ATTACHED INSTRUCTIONS TO SUBMIT YOUR DOCUMENTS.
FD/FOC4052 (09/03)
AFFIDAVIT TO REQUEST CUSTODY & PARENTING TIME ORDER ENFORCEMENT
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STATE OF MICHIGAN
THIRD JUDICIAL CIRCUIT
WAYNE COUNTY
Case Number:
NOTICE OF HEARING
TWO WOODWARD AVE., DETROIT, MI 48226
Plaintiff's name, address, and telephone no.
Defendant's name, address and telephone no.
V
A hearing will be held on this motion BEFORE THE ASSIGNED JUDGE as follows:
Date:
_______________________________________
Time:
_______________________________________
before Judge:
_______________________________________
Location:
_______________________________________
in the Coleman A. Young Municipal Center,
(Formerly City-County Building)
Two Woodward Avenue, Detroit, Michigan 48226
A hearing will be held on this motion BEFORE THE ASSIGNED REFEREE as follows:
Date:
_______________________________________
Time:
_______________________________________
before Referee: _______________________________________
Location:
_______________________________________
in the Penobscot Building,
645 Griswold
Detroit, Michigan 48226
A hearing will be held on this motion after screening and/or investigation. The Friend of the
Court will schedule the hearing. The Friend of the Court will send scheduling notices to both parties before the
hearing.
Date
FD/FOC4019
Signature
(03/03)
NOTICE OF HEARING (GENERIC)
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STATE OF MICHIGAN
THIRD JUDICIAL CIRCUIT
WAYNE COUNTY
CERTIFICATE OF MAILING
RE: PARENTING TIME &
CUSTODY ENFORCEMENT
REQUEST
CASE NO.:
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 Affidavit to Request Custody &
Parenting Time Order Enforcement, and Notice of Hearing (form FD/FOC4019) by ordinary mail with first-class
postage fully pre-paid, addressed to the person at the address indicated on the affidavit.
Date
FD/FOC4014 (09/03)
Signature
CERTIFICATE OF MAILING/PARENTING TIME & CUSTODY ENFORCEMENT REQUEST
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INCARCERATED PARTY
SPECIAL INSTRUCTIONS: Michigan Court Rule 2.004
If the other party in your case is incarcerated in a Michigan Department of Corrections facility, you
must follow these special rules before the Court can hear your case.
1.
Contact the Michigan Department of Correction to confirm the incarceration and the
incarcerated party’s prisoner number and location.
•
You can do this by contacting the MDOC website at
www.state.mi.us/mdoc/asp/aboutotis2.asp , or by
•
Telephoning the MDOC Central Office, Records Office at
517-373-0284.
2.
Serve the incarcerated person at their place of incarceration with the Petition or Motion
and file proof with the Court that the papers were served (see specific instructions in your
Motion packet about how to serve).
3.
Indicate on your Petition or Motion that a party is incarcerated and provide the party’s
prisoner number and prison name. Do not set a hearing date on the Motion. The Court will
set the hearing date and notify you when to appear.
4.
On the Motion Praecipe, check the box indicating that one of the parties is incarcerated.
5.
Do not set a hearing date on the Motion. The Court will set the hearing date and notify you
when to appear.
FD/FOC4058
(09/03)
INCARCERATED PARTY SPECIAL INSTRUCTIONS: MICHIGAN COURT RULE 2.004
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MAKEUP PARENTING TIME POLICY
TO:
Separated Parents
If you have a Wayne County Order that contains custody and/or parenting time provisions, and it is
determined that one party has wrongfully denied parenting time to the other party, the following makeup
parenting time policy will be applied.
POLICY
Parenting time is every child’s right. Reasonable parents will put individual differences aside and work
together to allow for parenting time for the non-custodial parent.
Usually, parenting time may not be denied for the following reasons:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
The child had a minor illness.
The child had to go someplace else.
The child was not home.
The non-custodial parent is behind in his/her support obligation.
The custodial parent did not want the child to go on parenting time.
The weather was bad.
The child had no clothes to wear.
The child refused to go.
The non-custodial parent failed to meet conditions set by the custodial parent.
Religious reasons, unless provided for in the court order.
In general, the following are valid reasons for denying parenting time:
1.
2.
The non-custodial parent was impaired by drugs or alcohol at the time of parenting time.
The non-custodial parent failed to arrive for parenting time within one-half hour of the time specified in
the court order unless otherwise arranged by the parties.
DETERMINATION OF VALID CLAIM
The Friend of the Court must first determine if the alleged violation, as stated in the complaint or petition, is
valid and enforceable under the court order. If so, a notice including the following statement will be sent to
the violator with a copy of the complaint.
THE FRIEND OF THE COURT HAS BEEN INFORMED OF A POSSIBLE VIOLATION OF
YOUR PARENTING TIME ORDER. A COPY OF THE COMPLAINT FILED BY THE OTHER
PARTY IS ENCLOSED. FAILURE TO RESPOND IN WRITING TO THE OFFICE OF THE
FRIEND OF THE COURT WITHIN 21 DAYS SHALL BE CONSIDERED AS AGREEMENT
THAT PARENTING TIME WAS WRONGFULLY DENIED AND THAT THE MAKEUP
PARENTING TIME ESTABLISHED BY THE COURT WILL BE APPLIED.
FD/FOC4056 (10/03) MAKEUP PARENTING TIME POLICY (Page 1)
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PROCEDURE AFTER RESPONSE OR THE TIME FOR RESPONSE PASSES
If the responding party timely provides a response, the Friend of the Court shall initiate one of the other
enforcement methods available under the law.
If a written response is not provided to the Friend of the Court within 21 days of when the notice was sent, the
Friend of the Court shall apply makeup parenting time as follows:
1.
Makeup parenting time shall be at least the same type and duration of parenting time as the
parenting time that was denied, including but not limited to weekend parenting time for weekend
parenting time, holiday parenting time for holiday parenting time, and summer parenting time for
summer parenting time.
2.
The wrongfully denied parent shall choose the time of the makeup parenting time.
3.
Makeup parenting time shall be taken within 1 year after the wrongfully denied parenting time was
to have occurred.
4.
The wrongfully denied parent shall notify the other parent in writing not less than 1 week before
making use of makeup weekend or weekday parenting time or not less than 28 days before
making use of makeup holiday or summer parenting time.
FD/FOC4056 (10/03) MAKEUP PARENTING TIME POLICY (Page 2)
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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:
PLACE:
COST:
1:00 P.M. ~ 3:00 P.M. On their respective Fridays
Coleman A. Young Municipal Center
Room 301~Jury Room
2 Woodward Avenue
Detroit, MI 48226
FREE
CERTIFICATE OF ATTENDANCE AWARDED TO EACH ATTENDEE
NO RESERVATIONS REQUIRED.
For more information, contact:
David Manville
313-224-6753
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