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1 Otsego County Friend of the Court 800 Livingston Blvd., Suite 1A, Gaylord, MI 49735 Phone: (989) 731-7450 Fax: (989) 731-0226 www.otsegocountymi.gov Instructions for Filing a Motion Regarding Parenting Time (FOC 65) By using this form packet, you are representing yourself in a court action regarding parenting time. In order to receive the action you seek, you must follow the instructions in this packet. Failure to complete ALL of the required steps, may result in a delay of your case and/or the Court being unable to grant you the relief that you are requesting. NOTE: Under the Michigan Child Support Formula, a change in parenting time may affect the amount of child support that is ordered. The Court is required to use the Michigan Child Support Formula, unless the court finds that using the Formula would be unjust or inappropriate. THE FRIEND OF THE COURT DOES NOT REPRESENT EITHER PARTY AND IS PROHIBITED FROM PROVIDING LEGAL ADVICE Completing the Motion Items A through J on the Motion Regarding Parenting Time form (FOC 65) must be completed before your motion can be filed with the Court. Please read the instruction for each item, and fill in the correct information for that item on the form. Please print neatly. If your handwriting is not legible, the form may be rejected. A. It may be helpful to have previously filed court papers available to assist you with information needed to complete this form. The case number, and party information will be listed on previous documents. If you do not know your case number, you can contact the Friend of the Court office. B. Enter party information just as it is listed on previous documents. For example, if your name is in the box that says “Plaintiff”, then you should write your name in the “Plaintiff” box on this form. You are the moving party. Once you have written both names in the appropriate boxes, you must check the box “moving party” in the same box that your name is listed. C. Enter the date of the most recent order regarding parenting time (C1a). If parenting time has not been established, mark C1b. Be sure to complete and attach the Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416) pursuant to C2. See separate instructions, below. D. If a parenting time violation has occurred, mark the appropriate box and explain the situation in detail, using a separate sheet. If no violation has occurred or, if you and the other parent have reached an agreement, skip to E. E. If you and the other parent have agreed to parenting time, provide an explanation of the agreement in detail. F. Check the appropriate box and attach a separate sheet to explain in detail why you think the request you are making is in the best interests of the child(ren). ---PAGE BREAK--- 2 G. Check the appropriate box and attach a separate sheet to explain in detail what you are asking the court to order. H. Date and sign the form. I. Before completing the “Notice of Hearing” portion, contact the Friend of the Court Scheduling Clerk at (989) 731-7462. You will need to provide your name and phone number, the other party’s name and your case number. Fill in the form with the name of the Judge or Referee who will be hearing your motion, the date of the hearing, the time of the hearing (include whether it is a.m. or and the place of the hearing. Note: All Referee Hearings will be held virtually, via Zoom. Zoom information (attached) must be included with the Notice of Hearing that is sent to the opposing party. J. See “Filing and Serving” Instructions below before dating/signing the “Certificate of Mailing” portion of the form. Completing the Uniform Child Custody Jurisdiction Enforcement Act Affidavit A. Fill in the case number and case name. Enter party information just as it is listed on previous documents. For example, if your name is in the box that says “Plaintiff,” then you should write your name in the “Plaintiff” box on this form. B. Complete items 1 – 3. C. Complete items 4 – 6 providing the information requested concerning any prior determination by a court regarding custody or parenting time, any pending proceedings, and any person claiming rights of legal or physical custody or parenting time with the child(ren) other than a party in this case. Check any of the boxes that apply. D. Under item 7, write the home state where the child(ren) reside. E. Only check box 8, if appropriate. F. Sign and print your name, and complete your address in front of a Notary. The notary will complete the bottom portion of the form. G. Make three copies of the completed Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416). An additional copy may be necessary if the other party is represented by an attorney. Filing and Serving the Motion and UCC (MC416) 1. Make three copies of the Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416). Motion Regarding Parenting Time (FOC65) and any attachments to the motion (one for you, the other party and the Friend of the Court). If there are attorneys of record or a third party/guardian, make additional copies. 2. Mail a copy of the motion with attachments and UCC to the other party and, if appropriate, attorneys of record or third party/guardian by first class mail. The mailing date must be at least 9 business days (not including holidays) prior to the hearing date. ---PAGE BREAK--- 3 3. Complete the Certificate of Mailing located at the bottom of the motion form, by signing and writing the date that you mailed copies to the other party(ies). 4. File the original and Friend of the Court copy of the Motion (with attachments) and UCC form with the County Clerk’s office located at 225 West Main Street, Gaylord, Michigan 49735. This may be done in person, or by mailing to the Clerk’s office. Note: A filing and order entry fee of $100.00 will be required at the time of filing. Payment may be made with credit card, cash or check or money order (made payable to Otsego County Clerk). If you can’t afford to pay the fees, you may submit an Affidavit and Order – Suspension of Fees and Costs (Form MC 20). This form can by obtained from the Friend of the Court or County Clerk’s office. If the Affidavit is approved by the Court, your filing fee may be waived. Contact the Friend of the Court office at (989) 731-7450 or the County Clerk’s office at (989) 731-7500 if you have any questions regarding the instructions for filing and serving your motion. ---PAGE BREAK--- 121 Blank page ---PAGE BREAK--- FOC 65 (6/17) MOTION REGARDING PARENTING TIME MCL 552.14, MCR 2.119 Plaintiff’s name, address, and telephone no. moving party v Defendant’s name, address, and telephone no. moving party Third party name, address, and telephone no. moving party 1. a. On Date a judgment or order was entered regarding parenting time. b. There is currently no order regarding parenting time. Approved, SCAO Original - Court 1st copy - Other party 2nd copy - Moving party 3rd copy - Friend of the court 4th copy - Proof of service 5th copy - Proof of service STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY MOTION REGARDING PARENTING TIME CASE NO. Court address Court telephone no. A B C 2. Attached is a completed Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC 416). 3. Name has disobeyed the parenting-time order as follows: a. he/she has denied me parenting time with the child(ren) as follows: b. he/she has not had parenting time with the child(ren) as follows: c. he/she has made changes in parenting time without court order as follows: d. he/she has not followed the specific conditions of parenting time as follows: Use a separate sheet to explain in detail what has happened and attach. Include all necessary facts. 4. Name and I have agreed to parenting time as follows: Use a separate sheet to explain in detail what you have agreed on and attach. Include all necessary facts. 5. It is in the best interests of the child(ren) to establish parenting time change parenting time because: Use a separate sheet to explain why it is in the best interests of the child(ren) and attach. 6. I ask the court to order that parenting time be established changed made up as follows: Use a separate sheet to explain in detail what you want the court to order and attach. Date Moving party’s signature A hearing will be held on this motion before Judge/Referee Bar no. on Date at Time at Location . If you require special accommodations to use the court because of a disability, or if you require a foreign language interpreter to help you fully participate in court proceedings, please contact the court immediately to make arrangements. When contacting the court, provide your case number(s). Note: If you are the person receiving this motion, you may file a response. Contact the friend of the court office and request form FOC 66. I certify that on this date I served a copy of this motion, a Uniform Child Custody Jurisdiction Enforcement Act Affidavit and notice of hearing on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 3.203. Date Moving party’s signature NOTICE OF HEARING CERTIFICATE OF MAILING E I D H F G J 46th Otsego 800 Livingston Boulevard Ste 1A Gaylord, MI 49735 (989)731-7450 Form Instructions ---PAGE BREAK--- 121 Blank page ---PAGE BREAK--- STATE OF MICHIGAN UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT AFFIDAVIT CASE NO. and JUDGE 46TH JUDICIAL CIRCUIT 69TH PROBATE COURT OTSEGO COUNTY Court Address Court telephone no. 800 LIVINGSTON BLVD., SUITE 1A; GAYLORD, MI 49735 (989) 731-7450 Plaintiff’s name Defendant’s name v 1. The name and present address of each child (under 18) in this case are: 2. The Cities/States/Countries the child(ren) have lived in during the last 5 years along with the dates the child(ren) lived there (include addresses if available): 3. The names and present address(es) of custodians with whom the child(ren) has/have lived within the last 5 years are: 4. I do not know of, and have not participated (as a party, witness, or in any other capacity) in any other court decision, order, or proceeding (including divorce, separate maintenance, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence) concerning the custody or parenting time of the child(ren), in this state or any other state, except: Specify case name and number, court name and address, and date of child custody determination, if one. Approved, SCAO Distribute form to: Form MC 416, Rev. 6/22 Court MCL 722.1206, MCL 722.1209 FOC (if applicable) Page 1 of 2 Defendant/Respondent Plaintiff/Petitioner ---PAGE BREAK--- 121 Blank p Blank page ---PAGE BREAK--- Uniform Child Custody Jurisdiction Enforcement Act Affidavit (6/22) Case No. Page 2 of 2 5. I do not know of any pending proceeding that could affect the current child custody proceeding, including a proceeding for enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, in this state or any other state, except: Specify case name and number, court name and address, and nature of the proceeding. That proceeding is continuing. has been stayed by the court. Temporary action by this court is necessary to protect the child(ren) because the child(ren) has/have been subjected to or threatened with mistreatment or abuse or is/are otherwise neglected or dependent. Attach explanation. 6. I do not know of any person who is not already a party to this proceeding who has physical custody of, or who claims rights of legal or physical custody of, or parenting time with, the child(ren), except: state name(s) and address(es) of each person. 7. The child(ren)'s "home state" is . See definition of "home state." 8. I state that a party's or child's health, safety, or liberty would be put at risk by the disclosure of this identifying information. I have filled this form out completely, and I acknowledge a continuing duty to advise this court of any proceeding in this state or any other state that could affect the current child-custody proceeding. Signature of affiant Name of affiant (type or print) Address of affiant Subscribed and sworn to before me on Date Deputy clerk/Notary public signature My commission expires on . Name (type or print) Notary public, State of Michigan, County of Acting in the County of . This notarial act was performed using an electronic notarization system or a remote electronic notarization platform. "Home state" means the state in which the child(ren) lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of a parent or person acting as a parent is included as part of the period. MCL 722.1102(g). ---PAGE BREAK--- 121 Blank page ---PAGE BREAK--- "Home state" means the state in which the child(ren) lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary absence of a parent or person acting as a parent is included as part of the period.