Objection To Ex Parte Order And Motion To Rescind Or Modify {FOC 61}

Form FOC 61 OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY Use this form if: · you have been served with an ex parte order (an order entered without a hearing) for support, parenting time, or custody; and · you want to object to and change that order. If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection. If the dispute cannot be resolved by the friend of the court, the matter will be scheduled by the friend of the court for a hearing. You may represent yourself at the hearing or have an attorney represent you. The friend of the court office does not have to make an investigation or report unless ordered by the court to do so. The friend of the court does not represent either party at this hearing. American LegalNet, Inc. www.FormsWorkFlow.com MOTION CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. 3. Fill out all requested information on the form? Make all necessary copies? Mail (serve) a copy of the objection and motion on the other party and on any other custodian/guardian after the judge and hearing date were assigned to your case by the clerk? Return to the clerk's office after you mailed the objection and motion and notice of hearing to the other party and completed the certificate of mailing? Keep one copy of the objection and motion and notice of hearing form for yourself? Give two copies of the completed form to the clerk of the court? YES YES YES 4. YES 5. YES 6. YES If you cannot answer "yes" to all the above steps, a hearing on your motion may be delayed or your motion may be dismissed. By using this form packet you are representing yourself in a court action regarding an ex parte support, parenting time, or custody order. In order to receive the action you seek, you must follow the instructions in this packet. If you fail to do even one of the required steps, the order you get from the court may not give you the relief you want. If you have any questions about any steps in the process, refer to pages 3 through 5 of this booklet for details. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM FOC 61 OBJECTION TO EX PARTE ORDER AND MOTION TO RESCIND OR MODIFY »» FILING AN OBJECTION AND MOTION 1. Fill out the Objection and Motion form. Use the instructions on page 6. Be careful not to make mistakes. Before filling out the "Notice of Hearing" part of the form, contact the friend of the court office to find out who to contact about getting a hearing date. Then contact the person or office as directed by the friend of the court office. Fill in the form with the information you get about the hearing date, location of hearing, and name of the judge or referee who will be hearing the motion. Make at least five copies of the forms after you have filled it out. 2. File the Objection and Motion form with the county clerk. Take the original and five copies of the form to the county clerk in the county where your case is located. There is no filing fee. The county clerk will write the name of the judge assigned to your case on your form. The clerk will keep the original and one copy of the objection and motion and any attachments for the court file and the friend of the court. Then the clerk will return four copies and remaining attachments to you. Do not lose them. What you should have when you leave the clerk's office: One copy of FOC 61 (with any attachments) - for you One copy of FOC 61 (with any attachments) - for the other party One copy of FOC 61 - for proof of service to the court One copy of FOC 61 - for proof of service to the friend of the court »» SERVING THE OBJECTION AND MOTION ON THE PARTY OR PARTIES 1. Serve the Objection and Motion and Notice of Hearing on the other party. The other parent, or other party (if there is a custodian or guardian other than a parent) must be served with (notified of) the objection and motion and hearing date at least 9 days before the hearing date. NOTE: Serve the papers by mailing them to the other party by first-class mail. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com What you need for service: One copy of FOC 61 (with any attachments) - for the other party Two copies of FOC 61 - for proof of service Any additional copies of FOC 61 (with any attachments) - for other custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren). Mail one copy with attachments to the other party. If there is a custodian or guardian, mail one copy and the attachments to him/her. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy for your own records. 2. Return to the county clerk. Once you have mailed the objection and motion and notice of hearing and filled out the Certificate of Mailing on the remaining three copies, return to the county clerk's office with two copies. Remember to keep one copy for your own records. The county clerk will deliver one copy to the friend of the court. 3. Response from other party. If you receive a response to your objection and motion from the other party, make sure you read it before you attend the hearing. Think about what you want to say on your behalf. 4. Attend the hearing. You must attend the hearing on the motion. »» INFORMATION ABOUT ATTENDING THE HEARING Bring the original and five copies of the Order Modifying Ex Parte Order (form FOC 62) with you to the hearing. Also bring all supporting papers you have and any witnesses who are willing to testify. 1. Because you are representing yourself, you are expected to conduct yourself as an attorney would and to follow the same general rules an attorney would. 2. Make a list of information you think is important for the referee or judge to know. The information should relate to the reasons stated in your objection and motion. You can use this list as a reminder to bring up the points you think are important. 3. If you think you need to order someone to attend this hearing, follow the procedure in Michigan Court Rule 2.506 or consult with an attorney. 4. Go to the judge's courtroom or referee's hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Be prepared to spen