Judgment Checklist

JUDGMENT CHECKLIST Oakland County Family Division Date: ____________ Case No. _____________________ Hon. _______________________ Plaintiff v Preparing Attorney (address, telephone) Defendant The attached proposed Judgment is: _____ Approved _____ Not Approved (see below) _____ Approved, but please note: General Provisions: _____ 1. Each subject is not set forth in a separate paragraph with an appropriate heading. MCR 3.211 (A). Custody Provisions: _____ 2. The provision requiring a written change of address for the child(ren) is _____ omitted _____ incomplete. MCR. 3.211(C)(2). _____ 3. The provision for domicile is _____ omitted _____ incomplete. MCR. 3.211(C)(1). If omitted and the order is for joint custody, the following statement must appear: "A parent whose custody or parenting time of a child is governed by this order shall not change the legal residence of the child except in compliance with section 11 of the `Child Custody Act of 1970', 1970 PA 91, MCL 722.31." Note: the parents may agree upon how changes in the child's legal residences will be handled and may include that agreement in the order in lieu of the above, required statement. _____ 4. The provision for the inalienable rights of the child is omitted. MCL 722.24(1). Parenting Time Provisions: _____ 5. The parenting time provision is _____ omitted _____ incomplete or unacceptable. _____ 6. The mandatory provision providing that parenting time shall not be exercised in a country that is not a party to the Hague convention on the civil aspects of international child abduction is _____ omitted _____ incomplete or unacceptable. Support Provisions: _____ 7. The Uniform Support Order is not attached but support was ordered. MCR 3.211 requires that support provisions be submitted to the court by separate order using the Uniform Support Order. _____ 8. The Uniform Support Order was not incorporated by reference in the Judgment. MCR 3.211(D)(2)(a). _____ 9. The party submitting the Judgment did not certify that the Judgment Information Form has been submitted to the Friend of the Court. MCR 3.211(F)(4)(a). Property Provisions: _____ 10. The insurance and dower provisions required by MCL 552.101 are omitted. MCR 3.211(B)(1). _____ 11. A determination of the parties' rights in pension, annuity and retirement benefits is omitted. MCL 552.101(4). MCR 3.211(B)(2). American LegalNet, Inc. www.FormsWorkFlow.com _____ 12. _____ 13. A determination of the property rights of the parties is omitted. MCL 552.103. MCR 3.211(B)(3). ____ NOTE: Payment of property settlement must not be through the FOC. A provision granting, reserving or denying spousal support is omitted (reserved in judgment is silent). MCL 552.13. MCR 3.211(B)(4). Local Requirements: _____ 14. The order provides for direct payment but does not opt the parties out of FOC services. You must complete the requirements of opt out if payment is not to be through the FOC. MCL 552.505a(2). _____ 15. The order leaves open issues by referring matters to the FOC but not specifying how or whether an order is to be prepared following the FOC investigation. If an FOC referee conducts a hearing, a proposed order will be prepared. In all other cases, the recommendation will be forwarded to the parties and attorneys for further action once the FOC work is complete. _____ 16. The order uses a term such as "abated" or "reserved." Please reword this provision to state that the support obligation is zero until further order of the court. American LegalNet, Inc. www.FormsWorkFlow.com