If you have a case involving child support, custody, and/or parenting time, you will have a hearing before a referee at some point in your case.  If you are representing yourself at this hearing, it is beneficial for you to understand the role of the referee and some things you can do to help the hearing run smoothly.

A referee is an attorney appointed by the chief judge to hear domestic relations cases and make recommendations about the outcome of your case.  A judge adopts those recommendations by signing a court order.  A referee is a quasi-judicial officer and must abide by the Code of Judicial Conduct.  In Cass County, the referees wear judicial robes during hearings.  A referee may be addressed as “Your Honor” or “referee.” 

If a motion is filed regarding your child(ren), the FOC will schedule a hearing in front of the referee.  You will receive notice of the day, time and location of the hearing in the mail.  You may contact the FOC at (269) 445-4436 with questions about the hearing. 

On the day of the hearing, it is important to arrive to court on time, or early if possible.  Be sure to check in with the FOC when you arrive.  Call the FOC if you are going to be late.  If your hearing is on a Monday, several cases may be scheduled at the same time as yours.  Your patience is appreciated. 

Please do not bring your child(ren) to court.  Minor children cannot testify and should not witness their parents dealing with adult issues.  If the referee decides to speak with your child(ren), the referee will do so at a later time. 

When your hearing begins, the referee will determine if you and the other parent have reached any agreements about the issues before the court.  If you have an agreement, it will be stated on the record and the referee will prepare a court order formalizing your agreement.  If you do not have an agreement, the referee may hear testimony, or determine that an evidentiary hearing needs to be scheduled at some time in the future. 

If you are representing yourself at an FOC hearing, you should understand that you are expected to know and follow the laws, rules of evidence, and court rules that apply to your case as if you were an attorney.  The referee, and the FOC staff, cannot give you legal advice about your case.  You may consult an attorney or look for answers online — michiganlegalhelp.org is one online resource. 

During the hearing, you will testify on your own behalf, ask questions of your witnesses, and will have the opportunity to question the other party’s witnesses.  It is helpful to prepare an outline of what you want to say and a list of things you want to ask your witnesses.  If you have evidence you want the referee to consider, bring it to the hearing.  It is helpful to bring paper and a pen so that you can take notes during the hearing. 

All parties and witnesses are expected to behave appropriately and treat others with respect.  You should only speak when it is your turn, and not interrupt others.  If you do not understand something, you may ask questions. 

Once the hearing is over, the referee may issue a recommendation on the record, or take the matter under advisement.  The referee will prepare a written recommendation, and an order adopting the recommendation if it is effective immediately, for the judge to review.  A copy of the recommendation (and the order adopting it, if applicable) will be mailed to you.    

If you disagree with the referee’s recommendation, you have 21 days to file an objection and request a de novo review hearing before a judge.  At that hearing, the judge reviews the referee’s recommendation and decides whether it remain the same or be changed in some way.  If an objection is not filed, any order adopting the recommendation will remain in effect.  In some cases, a new order is prepared. 

If you have questions about the FOC that you think would be helpful to address in future columns, please send them to the FOC email address:  foc@cassco.org

Melissa Sytsma is the Cass County Friend of the court Attorney referee.