Motion Packets
Michigan law requires friend of the court (FOC) offices to distribute “do-it-yourself” forms (often called “pro se” or “in pro per” packets) to people who are interested in representing themselves in a child support, parenting time, or custody matter.
These forms may be used to modify existing court orders. They may not be used in establishing a case.
Where do I get “do-it-yourself” motion forms?
For domestic relations cases that involve children, the FOC office responsible for your specific case can provide the forms and instructions to assist you in asking the court to change a child support, parenting time, or custody order.
Once I have the “do-it-yourself” motion forms packet, may I ask the FOC or the court clerk for help or advice?
Court staff is not permitted to give legal advice, nor can court staff tell you how to fill out your forms. The FOC staff can give you information about your current order and can tell you who to contact to obtain a court hearing. The court clerk will give you basic information about how to schedule a hearing and where the hearing will be held.
Do courts charge a fee for filing a motion?
Yes. For most domestic relations matters, the court clerk will charge a $20 motion fee. In an action that concerns the custody or parenting time of minor children, an $80 fee will also be assessed. In actions that involve only the financial support of a minor, a $40 fee will be assessed in addition to the motion fee. In actions where both the custody or parenting time and support will be determined, an $80 fee will be assessed in addition to the motion fee. If you cannot pay this fee, you may ask the clerk for “Form MC20,” which allows you to ask the court to waive the fee so that you don’t have to pay it.
Once I file my motion, who serves the required documents on the other party?
If you use the “do-it-yourself” forms, you must send the other party a copy of the form containing the motion and hearing date. There are many ways to deliver the documents to the other party. Regular first-class mail is the most frequently used and the least expensive method.
Who represents me at the motion hearing? Can the referee or judge help me?
You may hire an attorney or you may represent yourself. If you decide to represent yourself, you must come prepared to explain what you are asking the court to change, and the reasons why the court should decide in your favor. This may also require that you understand court rules and procedures. Proving your case may require that you present evidence (testimony or documents) to the court. Neither a referee nor a judge may help you present your case.
What if the other party has an attorney? Can I get someone to help me?
The fact that the other party appears with an attorney does not entitle you to one. The court might reschedule the hearing to a later date if you say that the presence of counsel for the other side has caused you to change your decision to represent yourself, but the court is not obligated to delay the case for that reason.
What if I do not agree with the referee’s or judge’s decision?
A referee makes a recommendation; only a judge can sign a court order. If you disagree with the referee’s recommendation, you have 21 days to request a review hearing before a judge. The referee or FOC office will provide you with information on how to do that. If you disagree with a judge’s decision, you may appeal to a higher court or file a motion to have the matter reconsidered by the same judge.
EFFECTIVE IMMEDIATELY:
The Uniform Child Custody Jurisdiction Enforcement Act Affidavit must be filed with EVERY motion regarding custody or parenting time. That form is found here:
IN PRO PER FORMS
These are Friend of the Court forms for use by citizens/individuals in PDF format for the most commonly requested actions.
WAIVER/SUSPENSION OF FEES AND COSTS (AFFIDAVIT AND ORDER)
MOTION TO OPT OUT PACKET
MOTION REGARDING CUSTODY
RESPONSE TO MOTION REGARDING CUSTODY
MOTION REGARDING PARENTING TIME
RESPONSE TO MOTION REGARDING PARENTING TIME
MOTION REGARDING SUPPORT
RESPONSE TO MOTION REGARDING SUPPORT
CHANGE OF DOMICILE MOTION
RESPONSE TO MOTION REGARDING CHANGE OF DOMICILE/LEGAL RESIDENCE
MOTION/STIPULATION FOR TRANSFERRING CASE (Postjudgment)
OBJECTION TO REFEREE’S RECOMMENDED ORDER
VERIFIED STATEMENT AND APPLICATION FOR IV-D SERVICES
MOTION TO RESCIND LICENSE SUSPENSION
NOTICE OF HEARING
REQUEST FOR HEARING ON A MOTION
REQUEST FOR USE OF COMMUNICATION EQUIPMENT FOR COURT PROCEEDING
NOTICE TO WITHDRAW COMPLAINT/MOTION/RESPONSE
MOTION TO OPT BACK IN TO FOC
2024 DOMESTIC RELATIONS MOTION SCHEDULE
2024 MOTION DAY CALENDAR
All original motions are scheduled before the Referee FIRST.
DeNovo hearing requests are scheduled before the Court.
HONORABLE AARON GAUTHIER, P60364
Monday, January 22, 2024
Monday, February 12, 2024
Monday, March 25, 2024
Monday, April 8, 2024
Monday, May 13, 2024
Monday, June 10, 2024
Monday, July 8, 2024
Monday, July 22, 2024
Monday, August 12, 2024
Monday, August 26, 2024
Monday, September 16, 2024
Monday, September 30, 2024
Monday, October 21, 2024
Monday, November 18, 2024
Monday, December 2, 2024
Monday, December 16, 2024
HONORABLE DARYL VIZINA, P68201
Monday, January 8, 2024
Monday, January 29, 2024
Monday, February 5, 2024
Monday, March 4, 2024
Monday, March 18, 2024
Monday, April 1, 2024
Monday, April 15, 2024
Monday, May 6, 2024
Monday, May 20, 2024
Monday, June 3, 2024
Monday, June 17, 2024
Monday, July 1, 2024
Monday, July 15, 2024
Monday, August 5, 2024
Monday, August 19, 2024
Monday, September 9, 2024
Monday, September 23, 2024
Monday, October 7, 2024
Monday, October 28, 2024
Monday, November 4, 2024
Monday, November 25, 2024
Monday, December 9, 2024
Monday, December 23, 2024
REFEREE Kyle Legel, P59523 (10:00am)
All Referee hearing dates must be obtained by calling or visiting the Friend of the Court office when you are on the final step to file your motion with the County Clerk. There are two days available each month with limited time slots with a first come first serve basis and it is based on availability of time slots at filing. The day of availability will be Fridays at the 10:00 a.m. hour.
Friend of the Court and Staff Attorney
Kyle J. Ortiz (P85887)
Office
870 S Main Street, Room 210
PO Box 70
Cheboygan, MI 49721
Email: foc@cheboygancounty.net
(231) 627-8825
Fax: (231) 627-8417
Hours
Monday – Friday
8:00 AM – 4:30 PM
Additional Staff
Custody/Parenting Time Investigator/Mediator
Breanne Thompson
bthompson@cheboygancounty.net
(231) 627-8418
Child Support Senior Case Manager
Mary Bur
mbur@cheboygancounty.net
(231) 627-8869
Child Support Senior Case Manager
Tracy Bourgeois
tracyb@cheboygancounty.net
(231) 627-8848
Child Support Case Manager
Cherry Ann Brandt
cbrandt@cheboygancounty.net
(231) 627-8826
Assistant to the Friend of the Court
Tina Stead
foc@cheboygancounty.net
(231) 627-8825
NON-EMERGENCY PUBLIC SAFETY NUMBERS
Cheboygan County Sheriff Department
County Building
870 S. Main St.
Cheboygan, MI 49721
231.627.3155
Michigan Department of Natural Resources
Indian River Field Office
6984 S. Straits Hwy
Indian River, MI 49749
231.238.9313
Cheboygan Department of Public Safety
Cheboygan City Hall
403 N. Huron St.
Cheboygan, MI 49721
231.627.4321
Mackinaw City Police Department
Village Hall
102 S. Huron Ave.
Mackinaw City, MI 49701
231.436.7861
Tuscarora Township Police Department
Tuscarora Township Hall
3546 S. Straits Hwy
Indian River, MI 49749
231.238.9481
Presque Isle County Sheriff’s Department
267 N 2nd St.
Rogers City, MI 49779
989-734-2156
CONTACT US
Cheboygan County
870 S. Main St.
Cheboygan, MI 49721
231.627.8855