By John Frasik, Director of Family Assessment, Mediation, and Education
On
May 12, 2016, the 3rd Circuit Court launched its Pre-Judgment Pilot
Program. A committee led by Judge
Kathleen McCarthy, Presiding Judge of the Family Division, developed the
program to determine whether conference-style meetings that actively involve parents,
legal counsel, and an assigned judicial team including the referee, mental
health clinician, and support specialist will result in more positive outcomes
for families and reduce recurring litigation.
The team approach allows the parties to build a relationship of trust with
each other and the friend of the court.
The
team is working with Oakland University on a formal research project that will
track the cases over a two-year period to compare the level of litigation on pilot
program cases with traditionally litigated pre-judgment cases. In addition to tracking the success of
conference-style meetings versus traditional litigation, the pilot program
streamlines the traditional process used by the Wayne County Friend of the
Court to handle pre-judgment motion filings.
Traditionally,
when pre-judgment motions involving custody or parenting time without child
support are filed, the assigned referee conducts a hearing and issues a recommendation
addressing the non-child support issues.
When a pre-judgment motion/objection is filed requesting child support,
a referee hearing is scheduled on the court’s expedited docket. The parties first meet with a domestic relations
referee who discusses child support and other issues such as custody and
parenting time. Ultimately, the domestic
relations referee makes a temporary recommendation addressing custody, child
support, and parenting time. The parties
may accept or reject the recommendation.
If either party objects to any of the issues addressed in the friend of
the court recommendation, they appear before a referee who hears arguments on
the record and ultimately issues a recommendation within 21 days. Parties must file any objection within 21 days
of the date the recommendation was mailed to them.
Because
the referee, mental health expert, and support specialist are present during
the conference, regardless of the relief requested in the parties’ motion, the
parties will address custody, child support, and parenting time issues pursuant
to MCL 722.24(1), as well as any other issues. The pilot program is set up to be much less
intimidating for litigants, especially those who are not represented, with all
participants sitting together at the table.
Parties are scheduled for a pilot-program conference in a dedicated time
slot and do not have the stress of competing with other cases or “airing their
dirty laundry” in open court. They are
also given the contact information for their team.
