Order Allowing Change Of Domicile {FOC 29}

Form FOC 29 ORDER REGARDING CHANGE OF DOMICILE/LEGAL RESIDENCE Use this form if: · you had a hearing on your Motion Regarding Change of Domicile/Legal Residence (form FOC 115) and both you and the other party or third party agree to sign the order without another hearing; or · you had a hearing on your Motion Regarding Change of Domicile/Legal Residence (form FOC 115) and the other party or third party will not sign the order; or · you and the other party or third party have agreed about change of domicile/legal residence and want the court to sign your proposed order without having to file a motion and attend a hearing on the motion. American LegalNet, Inc. www.FormsWorkFlow.com ORDER CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . 1. 2. 3. 4. 5. 6. 7. Fill out all requested information on the form? Make all necessary copies? Get the judge's signature? (NOTE: See pages 3-5 for details) Return to the clerk's office with all copies of the signed order? Make sure the clerk stamps all copies of the signed order? Keep one copy of the signed order for yourself? Mail (serve) a copy of the order on the other party and on any other custodian/guardian after it was stamped by the clerk? Give two copies of the completed form to the clerk of the court? YES YES YES YES YES YES YES YES 8. If you cannot answer "yes" to all the above steps, you do not have a valid order. By using this form packet you are representing yourself in a court action regarding change of domicile/legal residence. 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 authority you want. NOTE: Under the Michigan Child Support Formula, a change in domicile or legal residence may affect parenting time and 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. If the court orders a change in child support, it may direct that a party prepare the Uniform Child Support Order. If you have any questions about the steps in the process, refer to pages 3 through 5 of this booklet for details. PAGE 2 American LegalNet, Inc. www.FormsWorkFlow.com What instructions are in this packet: Page 3 - Instructions for getting a stipulated (mutually agreed upon) order signed Page 5 - Instructions for getting an order signed after a hearing INSTRUCTIONS FOR GETTING A STIPULATED (MUTALLY AGREED UPON) ORDER SIGNED (when both parties have signed the order without a hearing) »» SIGNING AND FILING OF ORDER NOTE: A hearing on a stipulated order is not necessary unless the judge requests it. 1. Fill out the order form. Use the instructions on page 6. Be careful not to make mistakes. Make at least five copies of the form after you have filled it out. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court before the judge will sign it. Contact the friend of the court office and ask if the order must be approved by that office. Then complete either step a or b below. a. If the order must be approved by the friend of the court, go to the friend of the court office with the original and five copies of the order. Leave the order with the office. Someone from the office should tell you when to come back for the order or should call you when the order has been approved. If you do not hear from the office within 5 days, call that office to find out when to pick up the order. Go back and pick up the order. Then complete step 3 below. b. If the order does not need to be approved by the friend of the court, complete step 3 below. 3. Get the order to the judge. Because the other party or third party has signed the order, contact the friend of the court for instructions to get the order signed by the judge. Listen carefully to all the instructions for getting the order signed. Every circuit has a different way of handling the signing of orders. Ask when to come back for the signed order. If the signed order is sent to the county clerk by the judge, you won't have to pick it up. PAGE 3 American LegalNet, Inc. www.FormsWorkFlow.com 4. Pick up the signed order. If the other party or third party signed the order and you dropped it off for the judge's signature, go back and pick it up on the day and time you were told unless the judge sends the signed order to the county clerk for you. If you have to pick up the order, make sure you pick up the original and all five copies of the order. 5. Return to the county clerk. Once you have the signed order (FOC 29), bring the original and all five copies with you. The clerk will stamp the order, keep the original and one copy and return the other four copies to you. The county clerk will deliver one copy to the friend of the court. »» SERVING THE ORDER ON THE OTHER PARTY OR PARTIES 1. Serve the signed order on the other party. The other party must be served with (notified of) one copy of the signed order. NOTE: Serve the papers by mailing them to the other party by first-class mail. What you need for service: One copy of FOC 29 - for the other party Two copies of FOC 29 - for proof of service Any additional copies of FOC 29 - 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 to the other party. If there is a custodian or guardian, mail one copy 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 order 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 clerk will deliver one copy to the friend of the court. PAGE 4 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR GETTING THE ORDER SIGNED AFTER A HEARING »» SIGNING AND FILING OF AN ORDER 1. Fill out the order form. Normally you will fill out the order at the hearing on the motion. Use the instructions on page 6. Be careful not to make mistakes. Make copies of the form based on the instructions on either page 3 of this booklet or in booklets for forms FOC 53 or FOC 54 depending on your situation. 2. Approval by friend of the court. In some