Professional Documents
Culture Documents
Doug Dante
Updated Jul 29, 2009
DougDante1@yahoo.com
The Oakland County Friend of the Court is harming children by ignoring Michigan law by mixing
mediation investigation, and referee duties in the family counselor position.
Some General Concerns for any Local Michigan Friend of the Court
Other concerns about the Oakland County Friend of the Court are general concerns for any FOC, but
they are worth mentioning here:
The court has a financial conflict of interest that may discourage joint physical custody or the higher
earning parent to obtain custody of children:
http://www.scribd.com/doc/630611/A-Quick-Summary-of-Title-IVD-Funding-and-Incentives
Some local FOCs may delay or deny legitimate child support modification requests:
http://www.scribd.com/doc/458394/Michigan-Friend-of-the-Court-Child-Support-Modification-
Request
Or may operate without knowledge of problems that fatherlessnes cause for children:
http://www.scribd.com/doc/425877/The-Effects-of-Divorce-and-Sole-Custody-on-Children-
Any local FOC is under the direction of the SCAO (State Court Administrative Office) which created
the troubling CSPR (or CSPER) report, and the federal dollars also extend the financial conflict of
interest from the courts to the local Prosecuting Attorneys:
http://www.scribd.com/doc/477791/A-Review-of-the-CSPER-Report
http://courts.michigan.gov/scao/services/focb/CSPR12-06ReportAndRecommendations.pdf
Some local FOCs may improperly use internal mediators. This is one of the issues with the Oakland
County FOC job posting below.
http://www.scribd.com/doc/405400/Michigan-Friend-of-the-Court-Mediator-Questions
Some local FOCs may unnecessarily delay child custody rulings, damaging the parent-child bond of
the parent on the wrong side of a temporary order, and risking making any temporary order a
permanent order through simple longevity:
http://www.scribd.com/doc/509712/What-if-The-Court-Fails-to-Rule-Promptly-on-Custody
Some local FOCs may fail to allow contemptors to speak at contempt hearings:
http://www.scribd.com/doc/406110/Some-Thoughts-For-Parents-Facing-A-Contempt-of-Court-Hearing
Some local FOCs may fail to properly ensure that the civil rights of parents are respected:
http://www.scribd.com/doc/404652/Fiction-John-Q-Public-and-the-Friend-of-the-Court-Before-It-
Begins
Some local FOCs may fail to enforce parent's rights to their children's school or medical records:
http://www.scribd.com/doc/458635/Considerations-for-Getting-Your-Childs-School-Records-using-
FERPA
Some local FOCs may incorrectly substitute a software application for the correct child support
formula manual, creating an improper support obligation that may actually cause severe poverty of the
paying parent, which is not consistent with Michigan law nor in the children's best interests:
http://www.scribd.com/doc/962203/Should-Software-for-Child-Support-Calculations-be-Treated-As-
Unreliable
Or they may fail to act in the children's interest when there is clear and convincing evidence that their
custodial parent isn't using the paying parent's payments to provide for the children:
http://www.scribd.com/doc/1018457/Considerations-for-when-a-Parent-Spends-Child-Support-on-
HimselfHerself-and-the-Court-Doesnt-Care
Or they may back date forms, etc, making it difficult for parents to obtain justice:
http://www.scribd.com/doc/948712/Detecting-Fraud-in-Court-Filings-Postal-Meters-Color-
PrintersCopiers-and-Cartridges
Or they may fail to follow court rules and allow for contemporaneous recordings, or alter recordings, or
unnecessarily delay transcripts, to make it more difficult for parents to obtain justice:
http://www.scribd.com/doc/2257035/Contemporaneous-Recordings-for-Referee-Hearings-in-Michigan
Or Lawyers, Referees, and Judges may fail to adhere to their ethical duty to report when other lawyers,
referees, and judges have violated the Rules of Professional Conduct
http://www.scribd.com/doc/2618443/YOU-are-a-mandated-reporter
Or mediators may fail to meet the legal expectations of parents, and judges and referees may rubber
stamp caseworker recommendations.
http://www.scribd.com/doc/3123830/Michigan-Child-Custody-Survey-Report
The Oakland County Friend of the Court is harming children by ignoring Michigan law by mixing
mediation investigation, and referee duties in the family counselor position.
Firstly, family counselors, who are not lawyers, make custody recommendations based on statements
and evidence gathered without the conventional courtroom safeguards in violation of the Friend of the
Court Act and other laws. Parents can make false allegations or offer false evidence without any
consequences. Oakland County FOC should not make custody decisions based on which parent can lie
the best.
Secondly, parents are not given the opportunity for meaningful and confidential mediation, but rather
are thrust into a combative atmosphere. The law requires the FOC to offer voluntary neutral and
confidential mediators, because studies and common sense say that if the parents can make a rational
agreement, it's probably the best option for them and their kids. Instead, family counselors make snap
judgments and stick kids into cookie cutter custody arrangements such as "liberal and reasonable
parenting time", when that may or may not be what's best them or their parents.
An original job description from Oakland County as well as my amateur legal analysis (I am a
concerned citizen; not a lawyer) are available below.
Here is an e-mail message that includes a job posting for a Family Counselor position at the Oakland
County Friend of the Court.
I feel that the position listed violates the following Michigan Court Rules and Michigan Law in the
following ways:
Firstly, I doubt that a direct hire is legal here. The Friend of the Court Act 552.513 Domestic relations
mediation, says in part:
(1) The office shall provide, either directly or by contract, domestic relations
mediation to assist the parties in settling voluntarily a dispute concerning child
custody or parenting time that arises in a friend of the court case. Parties shall
not be required to meet with a domestic relations mediator. The service may be
provided directly by the office only if such a service is in place on July 1,
1983, if the service is not available from a private source, or if the court can
demonstrate that providing the service within the friend of the court office is
cost beneficial. Any expansion of existing services provided by the court on July
1, 1983 shall be provided by an individual meeting the domestic relations mediator
minimum qualifications listed under subsection (4).
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-513
Counseling is obviously available from many private sources in Oakland County. I doubt that the court
has a study on file showing that the service within the FOC office is beneficial, particularly one
conducted by an independent party. This family counselor "provides mediation". However, he or she
also "conducts investigations". By mixing the investigative and the mediation duties, the Oakland
County FOC appears to force parties to meet with family counselors, and thus with mediators, in
apparent violation of the paragraph above. Paragraphs 2 and 3 make this more clear, by requiring strict
confidentiality from mediators:
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-513
If no agreement is reached, then there is no consent order, and the counselor, who is probably not a
member of the state bar, can't work with the member of the state bar or either attorney to draw up the
agreement. However, this family counselor (mediator) "prepares written recommendations regarding
custody, parenting time and related matters for review and determination by a Friend of the Court
Referee and/or a Family Division Judge."
Mediators should never do that! It violates confidentiality. Even if they were to communicate with
anyone, they should only communicate with a member of the state bar or an attorney - not the court
directly, yet that's exactly what the job description says that they do!
If the State of Michigan didn't make it clear enough that they didn't want mediators to be investigators
too, they added MCL 552.515 Section 15, Performance by mediator of certain functions involving
party prohibited:
http://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-513
So a family counselor that "provides mediation" cannot also "conducts investigations". But that's
exactly what the advertisement below says the job is! In Oakland County, Family Counselors act as
mediators. Family Counselors are assigned to a single team with a given the judge - judge has one
mediator who works for him or her.
This is in contradiction to the Michigan Court Rules. MCR 3.216 "Domestic Relations Mediation". It
says in part:
http://courtofappeals.mijud.net/rules/documents/1Chapter3SpecialProceedingsandActio
ns.pdf
The rules about selection of domestic relations mediators help to ensure that as many mediators as
possible are selected randomly so that the participants know that those mediators are neutral.
Family Counselors are assigned to a judge via team assignment as shown on the Oakland FOC web
site, so there is no ADR plan for domestic relations mediation, and the same “family counselor” is
always selected for the same judge.
http://www.oakgov.com/foc/division_committee/
All of the rules regarding mediation are then ignored, and participants should be very wary of mediator
bias, given that the rules to ensure that mediator bias does not exist are ignored and the court has a
financial conflict of interest that may encourage it to seek mediators which maximize Title IV-D
funding, by, for example, discouraging parents who would otherwise agree on joint physical custody
from making that arrangement, or leaking information obtained in mediation in a recommendation to
the court to force the parents not to jointly share physical custody, if they have a personal bias against
joint physical custody.
What can a parent do? They can object to mediation under MCR 2.4.10 and request that the Chief
Judge ensure that the ADR plan is both in place and properly followed:
(E) Objections to ADR. Within 14 days after entry of an order referring a case to an
ADR process, a party may move to set aside or modify the order. A timely motion must
be decided before the case is submitted to the ADR process.(
....
F) Supervision of ADR Plan. The chief judge shall exercise general supervision over the
implementation of this rule and shall review the operation of the court's ADR plan at
least annually to assure compliance with this rule. In the event of noncompliance, the
court shall take such action as is needed. This action may include recruiting persons to
serve as ADR providers or changing the court's ADR plan.
http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf
If someone has successfully done this at the Oakland County FOC, I am not aware of it.
(1) The parties may stipulate to the selection of a mediator. A mediator selected by
agreement of the parties need not meet the qualifications set forth in subrule (F). The
court must appoint a mediator stipulated to by the parties, provided the mediator is
willing to serve within a period that would not interfere with the court's scheduling of
the case for trial.
http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf
In this case, I would offer a minister or other respected and neutral person to act as a mediator. I think
that it's just straightforward to send a return receipt requested letter, keeping a certified copy, specifying
the court rule to the other parent, and asking him/her to agree to one of a list of mediators. These
would include ministers and other neutral and respected members of the community.
(4) The rule for disqualification of a mediator is the same as that provided in MCR
2.003 for the disqualification of a judge. The mediator must promptly disclose any
potential basis for disqualification.
http://courtofappeals.mijud.net/rules/documents/1Chapter2CivilProcedure.pdf
All of these rules should apply to family counselors when exercising their duties as mediators.
Offering this mediation through family counselors, sometimes called “informal mediation”, and failing
to tell people that its not required, is a coercive act on the part of the FOC. Most people assume that
the court is not breaking the law and that the mediation they receive is conducted by a neutral party
acting in accordance with law.
Oakland County Friend of the Court should abandon the system whereby family counselors act
informal mediators, because they don't meet the statutory requirement that the FOC offer mediation, as
family counselors don't meet the requirements for mediators.
For more on how mediators are failing Michigan's families, see the survey results here: