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Instructions for Filing a Motion Regarding Parenting Time (FOC65) Otsego County Friend of the Court, 800 Livingston Blvd. Ste 1A Gaylord, MI 49735 Phone: (989)731-7450 Fax: (989)731-0226 This motion packet is used for those who wish to represent themselves in a court action regarding parenting time. Carefully follow the instructions to avoid delays in the process. The Case No., item can be located on other court documents in your case. If you need additional assistance with the case number, you may contact the Friend of the Court or Circuit Court Clerk’s office. The Plaintiff and Defendant on a case remain throughout the life of the case regardless of who files a motion. The person who is filing the motion would check the ‘moving party’ box under item 1. Complete the Motion Regarding Parenting Time form items – based upon what you are asking of the court and why. Attach any additional information. 2. Call the Friend of the Court Scheduling Clerk at (989)731-7471 to request a hearing date and time. Ask for the name of the Referee and the location address of the hearing. Complete item Notice of Hearing on the Motion form. 3. Sign and Date under Certificate of Mailing on the Motion form with the actual date you are serving/mailing the copy. 4. Make the appropriate number of copies and mark the upper corner of the copies as follows: Make three copies of the completed Motion and any attachments. An additional copy may be necessary if the other party is represented by an attorney. Mark one copy of each document, “FOC.” Mark one copy, “Plaintiff or Defendant”, (the other party) Mark one copy, to keep for yourself. 5. File the original Motion Regarding Parenting Time form along with the Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416) and all copies with the Circuit Court Clerk at 225 West Main Street Gaylord, MI 49735. A filing and order entry fee of $100.00 is due at the time of filing. If seeking a Fee Waiver, please contact FOC for the MC20 form and instructions prior to receiving your hearing date and time. If a Fee Waiver (MC20) is approved, then contact the FOC Scheduling Clerk. The Fee Waiver is to be presented to the Circuit Court Clerk along with the Motion form in place of the filing fee. If the Order is not approved, you are responsible to pay the fee at filing. 6. Serve all other copies of the Motion. They are to be mailed on the date as reflected in the Certificate of Mailing on the Motion and no later than 9 days prior to the date of hearing. If there are less than 9 days before the hearing date, contact Friend of the Court to cancel the original hearing date and schedule a new one, otherwise the Motion will simply be removed from the docket for the original hearing date. Keep a copy of all documents for your records. 7. Appear for Court prepared and dressed appropriately at the location, date and time as reflected on the Notice of Hearing on the Motion form. Failure to attend the hearing may result in your motion being dismissed by the Court. ---PAGE BREAK--- Instructions for Filing Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416) Otsego County Friend of the Court, 800 Livingston Blvd. Ste 1A Gaylord, MI 49735 Phone: (989)731-7450 Fax: (989)731-0226 1. Fill in the Case No. and Case name. The Case name is the name of the Plaintiff -vs- the name of the Defendant. 2. Complete items 1 - 3. 3. Items 4-6 provide 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. 4. Under item 7, write the home state of the child(ren) 5. Only check box 8. If appropriate. 6. In front of a Notary; sign name, print name, and complete your address. 7. The Notary is to complete the very bottom portion of the form. 8. Make the appropriate number of copies and mark the upper corner of the copies as follows: 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. Mark one copy of each document, “FOC.” Mark one copy, “Plaintiff or Defendant”, (the other party) Mark one copy, to keep for yourself. 9. The original Uniform Child Custody Jurisdiction Enforcement Act Affidavit (MC416) is to be filed with the original Motion Regarding Parenting Time form and all copies with the Circuit Court Clerk at 225 West Main Street Gaylord, MI 49735. 10. Keep a copy of all documents for your records. For additional information: www.michiganlegalhelp.org ---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--- CASE NAME: 1. The name and present address of each child (under 18) in this case is: 2. The addresses where the child(ren) has/have lived within the last 5 years are: 3. The name(s) 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. 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 back for 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. Subscribed and sworn to before me on , County, Michigan. My commission expires: Signature: Notary public, State of Michigan, County of MC 416 (3/08) UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT AFFIDAVIT MCL 722.1206, MCL 722.1209 Approved, SCAO STATE OF MICHIGAN JUDICIAL CIRCUIT PROBATE COURT COUNTY CASE NO. UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT AFFIDAVIT Court address Court telephone no. Original - Court 1st copy - FOC (if applicable) 2nd copy - Defendant/Respondent 3rd copy - Plaintiff/Petitioner Address of affiant Name of affiant (type or print) Signature of affiant Date Date 46th Otsego 800 Livingston Blvd Ste 1A Gaylord, MI 49735 (989)731-7450 ---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.