Instructions for Filing a Motion Regarding Parenting Time (FOC65)
Otsego County Friend of the Court, 800 Livingston Blvd. Ste 1A Gaylord, MI 49735
Phone: (989)731-7450 Fax: (989)731-0226
This motion packet is used for those who wish to represent themselves in a court action regarding
parenting time. Carefully follow the instructions to avoid delays in the process.
The Case No., item (A) can be located on other court documents in your case. If you need additional
assistance with the case number, you may contact the Friend of the Court or Circuit Court Clerk’s
office.
The Plaintiff and Defendant on a case remain throughout the life of the case regardless of who files a
motion. The person who is filing the motion would check the ‘moving party’ box under item (B).
1.
Complete the Motion Regarding Parenting Time form ite
ms (A) – (H) based upon
what you are
asking of th
e court and why. Attach any additional information
.
2. Call the
F
riend of the Court Scheduling Clerk at (989)731-7471 to request a hearing date a
nd
time. Ask for the name of the Referee and the location addr
ess of the h
earing. Complete item (I)
Notice of Hearing on the
Motion form.
3. Sign and
Date under (J) Certificate of Mailing on the Motion form with the actual dat
e you are
serving/mailing the copy.
4. Make the appropriate
number of copies and mark the upper corner of the copies as follows:
Make three (3) copies of the completed Motion and any attachments. An additional copy may
be
necessary if
the other p
arty is represented by an attorney.
Mark one copy of each document, “FOC.”
Mark one copy, “Plaintiff or Defendant”, (the other party)
Mark one copy, to keep for yourself.
5. File the original Motion Regarding Parenting Time form along with the Uniform Child Custody
Jurisdiction Enforcement Act Affidavit (MC416) and all copies with the Circuit Court Clerk at 225 West
Main Street Gaylord, MI 49735. A filing and order entry fee of $100.00 is due at the time of filing.
If seeking a Fee Waiver, please contact FOC for the MC20 form and instructions prior to receiving
your hearing date and time. If a Fee Waiver (MC20) is approved, then contact the FOC Scheduling
Clerk. The Fee Waiver is to be presented to the Circuit Court Clerk along with the Motion form in
place of the filing fee. If the Order is not approved, you are responsible to pay the fee at filing.
6. Serve all other copies of the Motion. They are to be mailed on the date as reflected in the
Certificate of Mailing on the Motion and no later than 9 days prior to the date of hearing. If there are
less than 9 days before the hearing date, contact Friend of the Court to cancel the original hearing
date and schedule a new one, otherwise the Motion will simply be removed from the docket for the
original hearing date. Keep a copy of all documents for your records.
7. Appear for Court prepared and dressed appropriately at the location, date and time as reflected on
the Notice of Hearing (I) on the Motion form. Failure to attend the hearing may result in your motion
being dismissed by the Court.
Instructions for Filing Uniform Child Custody Jurisdiction Enforcement
Act Affidavit (MC416)
Otsego County Friend of the Court, 800 Livingston Blvd. Ste 1A Gaylord, MI 49735
Phone: (989)731-7450 Fax: (989)731-0226
1.
Fill in the Case No. and Case name. The Case name is the name of the Plaintiff -vs- the
name of the Defendant.
2. Complete items 1 -
3.
3. Items 4-6 provide the informat
ion requested concerning any prior d
etermination by a court
regarding custody or parenting time, any pending proceedings, and any person claiming right
s of
legal or
physical custody or parenting time with the child(ren) other than a party in
this case.
Che
ck any of the boxes that apply
.
4. Under it
em 7, write the home st
ate of the child(ren)
5. Only check box 8. If appropriate.
6.
In front
of a Notary; sign name, print name, and complete your address.
7. The Not
ary is to complete the very bottom portion of the fo
rm.
8. Make th
e appropriate number of copies and mark the upper corner o
f the copies as follows:
Make thr
ee (3) copies of the completed Uniform Child Custody Ju
risdiction Enforcement Act
Affidavit (MC416. An additional copy may be
necessary if the other party is represented by an
attorney.
Mark one copy of each document, “FOC.”
Mark one copy, “Plaintiff or Defendant”, (the other party)
Mark one copy, to keep for yourself.
9. The original
Uniform Child Custody Jurisdiction Enforcement
Act Affidavit (MC416) is to be
filed
with the original Motion Regarding Parenting Time form and all copies with the
Circuit Court
Clerk at 225 West Main Street Gaylord, MI 49735.
10. Keep
a copy of all documents for your records.
For additional information:
www.michiganlegalhelp.org
FOC 65 (6/17) MOTION REGARDING PARENTING TIME MCL 552.14, MCR 2.119
Plaintiff’sname,address,andtelephoneno. movingparty
v
Defendant’sname,address,andtelephoneno. movingparty
Thirdpartyname,address,andtelephoneno. movingparty
 1. a.On
Date
ajudgment
ororderwasenteredregardingparentingtime.
b. Thereiscurrentlynoorderregardingparenting
time.
Approved, SCAO
Original - Court
1st copy - Other party
2nd copy - Moving party
3rd copy - Friend of the court
4th copy - Proof of service
5th copy - Proof of service
STATE OF MICHIGAN
JUDICIAL CIRCUIT
COUNTY
MOTION REGARDING PARENTING TIME
CASE NO.
Court address Court telephone no.
A
B
C
2. AttachedisacompletedUniformChildCustodyJurisdictionEnforcementActAffidavit(MC416).
3.
Name
hasdisobeyedtheparenting-timeorderasfollows:
a. he/shehasdeniedmeparentingtimewiththechild(ren)asfollows:
b. he/shehasnothadparentingtimewiththechild(ren)asfollows:
c. he/shehasmadechangesinparentingtimewithoutcourtorderasfollows:
d. he/shehasnotfollowedthespecificconditionsofparentingtimeasfollows:
Useaseparatesheettoexplainindetailwhathashappenedandattach.Includeallnecessaryfacts.
4.
Name
andIhaveagreedtoparentingtimeasfollows:
Useaseparatesheettoexplainindetailwhatyouhaveagreedonandattach.Includeallnecessaryfacts.
5. Itisinthebestinterestsofthechild(ren)to establishparentingtime changeparentingtime because:
Useaseparatesheettoexplainwhyitisinthebestinterestsofthechild(ren)andattach.
6. I ask the court to order that parenting time be established changed madeup asfollows:
Useaseparatesheettoexplainindetailwhatyouwantthecourttoorderandattach.
Date Movingparty’ssignature
Ahearingwillbeheldonthismotionbefore
Judge/Referee Barno.
on
Date
at
Time
at
Location
.
Ifyourequirespecialaccommodationstousethecourtbecauseofadisability,orifyourequireaforeignlanguageinterpreter
tohelpyoufullyparticipateincourtproceedings,pleasecontactthecourtimmediatelytomakearrangements.Whencontacting
thecourt,provideyourcasenumber(s).
Note:Ifyouarethepersonreceivingthismotion,youmayfilearesponse.ContactthefriendofthecourtofficeandrequestformFOC66.
IcertifythatonthisdateIservedacopyofthismotion,aUniformChildCustodyJurisdictionEnforcementActAffidavitand
noticeofhearingonthepartiesortheirattorneysbyfirst-classmailaddressedtotheirlast-knownaddressesasdefinedin
MCR3.203.
Date Movingparty’ssignature
NOTICE OF HEARING
CERTIFICATE OF MAILING
E
I
D
H
F
G
J
/s/
46th
Otsego
800 Livingston Boulevard Ste 1A Gaylord, MI 49735
(989)731-7450
Form Instructions
CASE NAME:
1. The name and present address of each child (under 18) in this case is:
2. The addresses where the child(ren) has/have lived within the last 5 years are:
3. The name(s) and present address(es) of custodians with whom the child(ren) has/have lived within the last 5 years are:
4. I do not know of, and have not participated (as a party, witness, or in any other capacity) in any other court decision, order, or
proceeding (including divorce, separate maintenance, separation, neglect, abuse, dependency, guardianship, paternity,
termination of parental rights, and protection from domestic violence) concerning the custody or parenting time of the child(ren),
in this state or any other state, except: Specify case name and number, court name and address, and date of child custody determination, if one.
5. I do not know of any pending proceeding that could affect the current child custody proceeding, including a proceeding for
enforcement or a proceeding relating to domestic violence, a protective order, termination of parental rights, or adoption, in this
state or any other state, except: Specify case name and number, court name and address, and nature of the proceeding.
That proceeding is continuing. has been stayed by the court.
Temporary action by this court is necessary to protect the child(ren) because the child(ren) has/have been subjected to or
threatened with mistreatment or abuse or is/are otherwise neglected or dependent. Attach explanation.
6. I do not know of any person who is not already a party to this proceeding who has physical custody of, or who claims rights of
legal or physical custody of, or parenting time with, the child(ren), except: State name(s) and address(es) of each person.
7. The child(ren)'s "home state" is . See back for definition of "home state."
8. I state that a party's or child's health, safety, or liberty would be put at risk by the disclosure of this identifying information.
I have filled this form out completely, and I acknowledge a continuing duty to advise this court of any proceeding in this state or
any other state that could affect the current child-custody proceeding.
Subscribed and sworn to before me on , County, Michigan.
My commission expires: Signature:
Notary public, State of Michigan, County of
MC 416 (3/08) UNIFORM CHILD CUSTODY JURISDICTION ENFORCEMENT ACT AFFIDAVIT
MCL 722.1206, MCL 722.1209
Approved, SCAO
STATE OF MICHIGAN
JUDICIAL CIRCUIT
PROBATE COURT
COUNTY
CASE NO.
UNIFORM CHILD CUSTODY JURISDICTION
ENFORCEMENT ACT AFFIDAVIT
Court address Court telephone no.
Original - Court
1st copy - FOC (if applicable)
2nd copy - Defendant/Respondent
3rd copy - Plaintiff/Petitioner
Address of affiant
Name of affiant (type or print)
Signature of affiant
Date
Date
Otsego
800 Livingston Blvd Ste 1A Gaylord, MI 49735
(989)731-7450
"Home state" means the state in which the child(ren) lived with a parent or a person acting as a parent for at least 6 consecutive
months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age,
the term means the state in which the child lived from birth with a parent or person acting as a parent. A period of temporary
absence of a parent or person acting as a parent is included as part of the period.