Friday, January 12, 2018

'One Judge, One Family': Celebrating 20 Years of Michigan's Family Division

By Stacy Sellek, MSC Public Information Office

“The family court concept was an idea whose time had come.”

So wrote Oakland County Probate Judge Linda S. Hallmark in a 1997 article in the Michigan Bar Journal of the State Bar of Michigan (“The New Family Division in Michigan,” September 1997).

Judge Hallmark, who currently serves as Oakland County’s Chief Probate Pro Tem Judge, played an integral part in developing and launching the family division during that time, when she served as chairperson of the State Bar’s Family Law Section.

Interest in the creation of a family division had existed for several decades within the Family Law Section, under which many proposals were written, and judges and legislators were lobbied over the years for their support.

Members of the Family Law Section looked at several other states with family divisions, particularly New Jersey, which was the largest state with a family division, at the time.  In New Jersey, the family division was attached to the highest level trial court.

The effort in Michigan, however, did not gain traction until 1995, when Michigan Supreme Court Chief Justice James H. Brickley called on the Legislature to restructure the court system.  He proposed a merging of trial and probate courts into a single court of general jurisdiction with separate divisions based on subject matter: family; civil; criminal; and probate.

That same year, state legislation was introduced by Rep. Michael Nye, who was then a practicing family law attorney, according to a Bar Journal article (“A History of Michigan’s Family Court” by Scott Bassett, July 2017).

The legislation went through a long process of meetings and compromises before the final version passed the Legislature.

On September 30, 1996, Gov. John Engler signed the legislation into law that created the family division of the circuit court system in Michigan.  The law, Public Act 388 of 1996, took effect the following year.

The new law gave the family division jurisdiction over the following:
  • Divorce actions (including alimony, property division, child support, and custody);
  • Actions under the Child Custody Act;
  • Adoptions;
  • Cases involving children incapable of adoption;
  • Name changes;
  • Juvenile cases;
  • Cases involving the status and emancipation of minors;
  • Paternity actions;
  • Interstate support and income withholding actions;
  • Cases involving parental consent for abortions performed on unemancipated minors; and,
  • Personal protection orders.

The family division also was given ancillary jurisdiction over cases involving guardians and conservators, and cases involving treatment, or guardianship, of mentally ill or developmentally disabled person under the mental health code. 

The term “one judge, one family” came to serve as the foundation of the family division.  It encapsulates the goal of achieving consistency for families faced with actions in more than one court, thereby eliminating duplication and increasing efficiency in the courts. 

The new law mandated that every circuit court in Michigan create a family division by January 1, 1998, which required the courts to submit their operating plans to the Supreme Court by July 1, 1997.

The plans were formulated by circuit and probate chief judges for approval by the State Court Administrative Office, under the Supreme Court.  SCAO was charged with developing a plan for any court that failed to submit one on time.

Finally, on January 1, 1998, Michigan became the ninth—and largest—state in the nation to adopt a family court model (the District of Columbia also had a family court model at the time).  According to the National Center for State Courts website, 32 states and the District of Columbia now have family court systems.

The Michigan Supreme Court extends kudos to all of the judges who have served and helped thousands of families statewide.


Happy Birthday, Family Division!