The Friend of the Court consists of persons trained in helping circuit court judges manage divorce and custody cases. For example, if someone requests a change in child custody or parenting time, the circuit court Judge will often refer the matter for a Friend of the Court Recommendation. A Friend of the Court Recommendation are advisory.
Unlike a circuit court Judge who are elected officials, Freind of the Court referees are hired employees and are not empowered to decide an issue only make recommendations. Only a judge has the authority to make a decision, not the Friend of the Court.
The Friend of the Court may hear contested issues such as custody, parenting or support disputes, and issue a recommendation. However, a Friend of the Court Recommendation is simply a recommendation of how he/she feels the case should resolve. Under some circumstances, if neither party objects to the a recommendation, the circuit court Judge may adopt it. However, if one party objects to a recommendation, the trial court must conduct an independent hearing.
After the Friend of the Court Recommendation is made, the parties are provided 21 days to object and if one party does, a new hearing (called a de novo hearing) is conducted by the Judge who must make an independent decision regarding the issue which may adopt or modify the recommendation.
Friend of the Court Recommendations – the law.
Michigan Compiled Laws 552.507(1) (“MCL”) grants the chief judge the authority to designate a Friend of the Court referee to hear all motions in a domestic relations matters except spousal support. MCL 552.507(4) provides:
(4) The court shall hold a de novo hearing on any matter that has been the subject of a referee hearing, upon the written request of either party or upon motion of the court. The request of a party shall be made within 21 days after the recommendation of the referee is made available to that party.
(emphasis added – See also MCL 552.501 to MCL 552.601)
The Friend of the Court is also governed by Court rule. Specifically, Michigan Court Rule 3.203 authorizes the Friend of the Court to serve notice of court documents in domestic relations cases. Michigan Court Rule 3.207, requires the Friend of the Court to attempt to resolve certain disputes in divorce and custody cases. Michigan Court Rule 3.208 authorizes the Friend of the Court to initiate enforcement proceedings for support, parenting time or custody.
In sum, a Friend of the Court Recommendation is simply an advisory opinion by an employee of the court. If either party disagrees with the advisory opinion, they can request a de novo (new hearing) before the circuit court judge, who has the power to make a decision. However, if neither party objects to the Friend of the Court Recommendation, the judge will adopt the recommendation as an order of the Court.
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By: Daniel Findling (c) 2025.
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