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Doug Dante
DougDante1@yahoo.com
Last Updated: Mon July 29, 2008
I am not a lawyer and this is not legal advice. Speak with a good lawyer.
Many parents, especially fathers, complain that when they called or complain to a
FOC (Friend of the Court) worker that the other parent was violating court ordered
parenting time, they are ignored, even after many complaints. One parent even
said that the worker said "WELL I CAN'T CHANGE HER CHARACTER !!".
Fiction: John Q Public and The Friend of the Court: Before It Begins (Civil Rights)
http://www.scribd.com/doc/404652/Fiction-John-Q-Public-and-the-Friend-of-the-
Court-Before-It-Begins
I would point out that The US Supreme Court wrote in Troxel V Granville that:
http://www.law.cornell.edu/supct/html/99-138.ZO.html
In my grievance, I would quote Troxel and state that I am the parent of my child,
and have a fundamental liberty interest in the care, custody and control of my
children. This fundamental liberty interest is protected by the fourteenth
amendment, and I may not be legally deprived of my care, custody, and control of
my children without due process of law.
I would point to the Friend of the Court Act, MCL 552.501 Section 1, Paragraph 2,
and say something like it is the duty of the Friend of the Court "to compel the
enforcement of parenting time and custody orders"
http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-act-
294-of-1982
In my grievance, I would point out further that the Support and Parenting Time
Enforcement Act specifies that it is the duty of the Friend of the Court to do the
following in response to an alleged parenting time order violation: .
(1) For a friend of the court case, a friend of the court shall do 1 or
more of the following in response to an alleged custody or parenting
time order violation stated in a complaint submitted under section
11b of the friend of the court act, MCL 552.511b:
(c) File a motion with the court under section 17d of the friend of the
court act, MCL 552.517d, for a modification of existing parenting time
provisions to ensure parenting time, unless contrary to the best
interests of the child.
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectNam
e=mcl-552-641
I have made an allegation that my parenting time order has been violated by the
other party, and the Friend of the Court needs to conduct its duties as required by
law in order to ensure that my parenting time order is enforced. Otherwise,
through its failure to conduct its lawful duties, the Friend of the Court is allowing
Michigan law to be used to violate my fundamental liberty interest in the care,
custody and control of my children, without any process of law, much less due
process, and is violating my fourteenth amendment due process rights.
In his/her capacity as an employee of the Friend of the Court and agent for judge
SuchAndSuch, SoAndSo is disobeying the laws of the state of Michigan.
"(1) An adoptive or natural parent of a child shall not take that child,
or retain that child for more than 24 hours, with the intent to detain or
conceal the child from any other parent or legal guardian of the child
who has custody or parenting time rights pursuant to a lawful court
order at the time of the taking or retention, or from the person or
persons who have adopted the child, or from any other person having
lawful charge of the child at the time of the taking or retention.
http://legislature.mi.gov/mileg.aspx?page=getObject&objectName=m
cl-750-350a
SoAndSo is aware of mom's felony acts, but doesn't fulfill her duties under the law
to prevent the felony from continuing.
SoAndSo's motivation may be to focus the efforts of the Friend of the Court on
collection activities, which bring in more money for the Friend of the Court, and
which may allow SoAndSo to make a larger salary. If this is true, then SoAndSo is
profiting from NameOfMom's felony, which itself may be a felony in the State of
Michigan.
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000669---b000-.
html
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000655----000-.
html
http://www.law.cornell.edu/uscode/html/uscode42/usc_sec_42_00000658---a000-.
html
See Also:
http://www.scribd.com/doc/630611/A-Quick-Summary-of-Title-IVD-Funding-and-
Incentives
"(1) For services provided that are not reimbursable under the
provisions of part D of title IV of the social security act, chapter 531,
49 Stat. 620, 42 U.S.C. 651 to 655, 656 to 660, and 663 to 669b,
every person required to make payments of support or maintenance
to be collected by the friend of the court or the state disbursement
unit shall pay a fee of $1.50 per month for every month or portion of a
month
that support or maintenance is required to be paid. ... "
http://legislature.mi.gov/mileg.aspx?page=getObject&objectName=m
cl-600-2538
If state and federal dollars under US Code title 42, Chapter 7, Subchapter IV-D,
Part-D Section 669D, which are made for enforcing parenting time, are not
sufficient to cover the expenses of this action, then fees collected from parents
under MCL 600.2538 should be used so that the Friend of the Court can meet its
statutorily mandated duties.
The Friend of the Court should either train SoAndSo to conduct her duties under
the law or fire her if she is unwilling to do so, and ensure that its procedures are
sufficient to meet its statutorily mandated duties.
I would consider filing both grievances in writing, typed, make two copies of the
first, and go to the FOC office. I would fill out a grievance form for each and
attach the typed pages that I had made earlier to each. I would go to the FOC
and get them stamped, along with the grievance forms.
If I didn't get a response within 30 days (MCL 522.526, Section 26, Paragraph 1)
after the grievances were filed, or if I felt that such a response wasn't was
consistent with the law or satisfactory to me as a parent, I would continue to
follow the grievance procedure in Michigan's Friend of the Court Act (MCL
522.526, Section 26), I would file a further grievance with the chief judge
(Paragraph 1,b).
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-
526
http://legislature.mi.gov/mileg.aspx?page=getObject&objectName=m
cl-722-27a
http://courts.co.calhoun.mi.us/05dom033.htm
I might also cite the Michigan Parenting Time Guidelines, which say in part:
http://courts.michigan.gov/scao/resources/publications/manuals/focb/p
t_gdlns.pdf
I would feel that simply making a phone call and being denied telephone access
to my children is a violation of an enforceable provision of my potentially
otherwise unenforceable liberal and reasonable parenting time order.
I'm not a lawyer and this isn't legal advice. The best course of action would be to
speak with a good lawyer.
The court has a financial conflict of interest that may discourage joint physical
custody or the higher
earning parent to obtain custody of children:
http://www.scribd.com/doc/630611/A-Quick-Summary-of-Title-IVD-Funding-and-
Incentives
Some local FOCs may delay or deny legitimate child support modification
requests:
http://www.scribd.com/doc/458394/Michigan-Friend-of-the-Court-Child-Support-
Modification-Request
Any local FOC is under the direction of the SCAO (State Court Administrative
Office) which created
the troubling CSPR (or CSPER) report, and the federal dollars also extend the
financial conflict of
interest from the courts to the local Prosecuting Attorneys:
http://www.scribd.com/doc/477791/A-Review-of-the-CSPER-Report
http://courts.michigan.gov/scao/services/focb/CSPR12-
06ReportAndRecommendations.pdf
Some local FOCs may improperly use internal mediators. This is one of the issues
with the Oakland
County FOC job posting below.
http://www.scribd.com/doc/405400/Michigan-Friend-of-the-Court-Mediator-
Questions
Some local FOCs may unnecessarily delay child custody rulings, damaging the
parent-child bond of
the parent on the wrong side of a temporary order, and risking making any
temporary order a
permanent order through simple longevity:
http://www.scribd.com/doc/509712/What-if-The-Court-Fails-to-Rule-Promptly-on-
Custody
Some local FOCs may fail to allow contemptors to speak at contempt hearings:
http://www.scribd.com/doc/406110/Some-Thoughts-For-Parents-Facing-A-
Contempt-of-Court-Hearing
Some local FOCs may fail to properly ensure that the civil rights of parents are
respected:
http://www.scribd.com/doc/404652/Fiction-John-Q-Public-and-the-Friend-of-the-
Court-Before-It-Begins
Some local FOCs may fail to enforce parent's rights to their children's school or
medical records:
http://www.scribd.com/doc/458635/Considerations-for-Getting-Your-Childs-School-
Records-using-FERPA
Some local FOCs may incorrectly substitute a software application for the correct
child support
formula manual, creating an improper support obligation that may actually cause
severe poverty of the
paying parent, which is not consistent with Michigan law nor in the children's best
interests:
http://www.scribd.com/doc/962203/Should-Software-for-Child-Support-
Calculations-be-Treated-As-Unreliable
Or they may fail to act in the children's interest when there is clear and convincing
evidence that their
custodial parent isn't using the paying parent's payments to provide for the
children:
http://www.scribd.com/doc/1018457/Considerations-for-when-a-Parent-Spends-
Child-Support-on-HimselfHerself-and-the-Court-Doesnt-Care
Or they may back date forms, etc, making it difficult for parents to obtain justice:
http://www.scribd.com/doc/948712/Detecting-Fraud-in-Court-Filings-Postal-Meters-
Color-PrintersCopiers-and-Cartridges
Or they may fail to follow court rules and allow for contemporaneous recordings,
or alter recordings, or
unnecessarily delay transcripts, to make it more difficult for parents to obtain
justice:
http://www.scribd.com/doc/2257035/Contemporaneous-Recordings-for-Referee-
Hearings-in-Michigan
Or child custody mediation may be broken, with referees and judges just rubber
stamping reports made by evaluators:
http://www.scribd.com/doc/3123830/Michigan-Child-Custody-Survey-Report
And please be aware of how to get public information from the judiciary:
http://www.scribd.com/doc/3123830/Michigan-Child-Custody-Survey-Report
Information on the Ingham County Friend of the Court:
http://www.scribd.com/doc/362198/Ingham-County-Friend-of-the-Court-Is-Ignoring-
The-Law-and-Hurting-Kids