Answer: I get asked often about the process for hearing Motions in
Livingston County. When someone files a Motion that has to do with
Custody, Parenting Time or Support, the Judge assigns the case to be
heard by a FOC Referee. The Referee first conducts a Screening
Hearing. At the Screening Hearing the Referee attempts to
determine if the issue can be resolved by agreement or whether an
Evidentiary Hearing is required. The Referee may also determine that
the matter should be referred for an investigation. Ultimately, if the
parties cannot come to an agreement, the Referee will conduct an
Evidentiary Hearing which is handled just like a trial. At the end of
that hearing the Referee will issue a Recommendation and both
sides will have 21 days to object if they are not happy with the
Recommendation. If there is an Objection, the matter will be heard
by the presiding Judge who will ultimately decide the issue. The
process is complicated and it is a big mistake to try and prosecute or
defend a Motion on your own. Call me, I can help.
Michael Olson is a partner with the law firm of Matecun, Thomas & Olson, PLC in Howell. He answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.