What Is Friend of the Court and How Does It Affect Your Family Law Case?

Roles, Process, and Impact of Friend of the Court

If your Michigan divorce or custody case involves children, Friend of the Court will play a key role. Here’s what to expect and how to prepare.

If your divorce or custody case involves minor children, you will almost certainly work with Friend of the Court (FOC). Many parents feel uncertain when they first hear about FOC—who they are, what authority they have, and why their involvement is required. Family law cases can be emotionally draining. Understanding the role of Friend of the Court can help you feel more prepared and confident as your case moves forward. The FOC can be very helpful in settling custody, parenting time and child support disputes. The parties must keep in mind that the FOC’s primary goal is to serve the best interests of the minor child(ren).

What Does Friend of the Court Do?

Friend of the Court is a court-affiliated agency that assists the Family Court in cases involving children under 18. Their primary mission is to protect the health, safety, and overall best interests of the children involved.

FOC does not represent either parent. Instead, they act as a neutral third party that gathers information, facilitates communication, and makes recommendations on issues such as:

• Child custody

• Parenting time

• Child support

When a case involves children, participation with Friend of the Court is required. Their involvement typically begins shortly after the case is filed. However, if the parties/parents are in agreement regarding custody, parenting time and child support while the divorce case is pending, the parties can enter a stipulated temporary order (which means an order that the parties agree to) and circumvent the Friend of the Court process.

 What to Expect at a Conciliation Conference

In most divorce and custody cases, Friend of the Court schedules a Conciliation (or Facilitative Information Gathering “FIG”) Conference within about 30 days after the complaint is filed. This meeting functions much like mediation and gives both parents the opportunity to discuss custody, parenting time, and support with an FOC officer. The Friend of the Court will request information from both parties regarding income, work schedules and additional information regarding the children and family to help them ascertain the best custody, parenting time and child support arrangements for the minor children. Conciliation Conferences usually last between one and four hours, depending on the complexity of the issues and the level of agreement between the parents.

Possible Outcomes

• Full agreement: If both parents reach agreement on all issues, Friend of the Court prepares a written order. Once signed, it becomes legally binding.

• No agreement: If disputes remain, FOC issues a recommendation to the judge. After the judge signs it, the recommendation becomes enforceable. Before the judge signs the recommendation/order, both parties have an opportunity to object to the recommendation and the court will then schedule a hearing with a referee so the parties can argue their positions.

Of course, before signing any document, make sure you fully understand its terms. If you have concerns or questions, speak with your attorney before agreeing to anything.

Does Friend of the Court Work the Same in Every County?

Although Friend of the Court operates under statewide guidelines, each Michigan county manages its own procedures. This means timelines and processes may vary slightly depending on where your case is filed.

Despite these differences, FOC’s purpose is consistent across counties: to prioritize children’s needs and help parents resolve disputes fairly and efficiently. If issues cannot be resolved through FOC, the case proceeds before a Family Court judge.

Last Thoughts

Working with Friend of the Court can feel intimidating, especially if you’re unfamiliar with the process. Knowing what to expect can ease uncertainty and help you make informed decisions throughout your case.

If you have questions about your situation or would like guidance before meeting with Friend of the Court, contact Anne Tuinstra. She’s here to help. At BTB, we focus on protecting what matters most: your children, your rights, and your future.