When navigating family matters, specifically when there are minor children involved, the Friend of the Court (FOC) may act as a neutral third-party to help parents draft consent orders, conduct investigations into custody and parenting time matters, and enforce orders related to custody, parenting time, and child support.
What is the Friend of the Court?
The Friend of the Court is a government agency that works within the court system to enforce custody, parenting time, and child support orders. While they don’t represent either parent, the FOC also has the ability to conduct investigative meetings and make recommendations to the court with the intent of their recommendation being in the best interest of the minor children.
The Role of the Friend of the Court
1. Investigating Child Custody and Parenting Time:
The FOC conducts investigations to assess the living arrangements, parenting and transportation abilities, and the over-all best interests of the children. The FOC will also interview parents, children, and may even take third-party information into account for their recommendations.
Although they conduct these investigations, there are limitations because FOC representatives do not leave the office. These investitive meetings are conducted either at the FOC offices or via Zoom. So, despite there being a benefit to helping parents resolve some custody, parenting time, and child support issues, the results are never perfect.
2. Recommending Parenting Time Schedules:
When a case is first filed, the Court has an interest in ensuring a temporary custody, parenting time, and child support order for the minor children. As such, if the parties do not agree to a temporary order prior to filing, then the FOC will conduct an investigative meeting. This meeting is usually a 2–3-hour meeting where they meet with the parents, talk with the children (age dependent), then, based on their findings, make a recommendation to the court. These recommendations may include specific visitation arrangements, holiday plans, and guidelines for decision-making. They could also include temporary orders for custody and child support.
This recommendation is temporary and supposed to only last during the pendency of the proceedings. However, a cautious approach would be to assume the court will make this schedule a final order if the parties are unable to reach an agreement during negotiations.
It is the parents, not the FOC, that knows what is in the best interests of their minor children, as such, it is always in both parents and the children’s best interests if the they can negotiate a schedule that will work best in their situation.
3. Mediation and Conflict Resolution:
When a dispute arises between the parents, whether that be in custody, parenting time, or child support, the FOC can provide informal mediation to help them reach agreements on these various issues. Using the FOC can help reduce conflict, promote cooperation, and save parties on attorney’s fees.
Although the end goal of parent cooperation is admirable, informal mediation with the FOC may not be right in every situation. It would be beneficial to talk with an experienced family law attorney. That’s where Parakletos law can help, we can provide sound guidance and practice in the counties of Ottawa, Kent, and Allegan.
4. Enforcing Court Orders:
Beyond conducting investigative meetings, if the parties choose to opt in, the FOC will have the ability to provide enforcement of child support payments, and parenting time and custody violations.
As for child support, the FOC will keep an accounting of all payments paid and distributed. Then, if a payor stops paying child support, the FOC will begin court proceedings to ensure payment starts back up.
Additionally, when there has been an allegation of a parenting time or custody violation, the FOC will begin court proceedings to determine if there has been a valid complaint, determine if there has been a violation, and conduct informal mediation to resolve the dispute. If the dispute remains unresolved, then the FOC will schedule a hearing. At this hearing it will be determined if a violation occurred, and if so, what sanctions, if any are appropriate.
Working with the Friend of the Court
If you are involved in a family law case, it’s important to cooperate with the FOC. Be honest and open with them, as their recommendations can significantly impact the outcome of your case.
Remember, the FOC’s primary goal is to act in the best interests of the child. By working together, parents and the FOC can create a positive and stable environment for children.
If you have minor children and need assistance navigating the FOC, give Parakletos Law a call to see how we can assist you.