Fill and Sign the Instructions Regarding Objections to Ex Parte Orders 13th Circuit Court Form

Form FOC 62 ORDER MODIFYING EX PARTE ORDER Use this form if: • you had a hearing on your Objection to Ex Parte Order and Motion to Resc\ ind or Modify (form FOC 61) and both you and the other party or third party agree to sign the o\ rder without another hearing; or • you had a hearing on your Objection to Ex Parte Order and Motion to Resc\ ind or Modify (form FOC 61) and the other party or third party will not sign the order. ORDER CHECKLIST Use the following checklist to make sure you have done all the steps that are needed. DID YOU . . . If you cannot answer "yes" to all the above steps, you do not have a valid order. By using this form packet you are representing yourself in a court action regarding an ex parte support, parenting time, or custody order. In order to receive the action you seek, you must follow the instructions in this packet. If you fail \ to do even one of the required steps, the order you get from the court may not give you th\ e relief you want. If you have any questions about any steps in the process, refer to pages 3 through 4 of this booklet for details. PAGE 2 1. Fill out all requested information on the form? 2. Make all necessary copies? 3. Get the judge's signature? (NOTE: See pages 3-4 for details) 4. Return to the clerk's office with all copies of the signed order? 5. Make sure the clerk stamps all copies of the signed order? 6. Keep one copy of the signed order for yourself? 7. Mail (serve) a copy of the order on the other party and on any other custodian/guardian after it was stamped by the clerk? 8. Give two copies of the completed form to the clerk of the court? YES YES YES YES YES YES YES YES INSTRUCTIONS FOR GETTING THE ORDER SIGNED AFTER A HEARING »» SIGNING AND FILING OF AN ORDER 1. Fill out the order form. Normally you will fill out the order at the hearing on the motion. Use \ the instructions on page 4. Be careful not to make mistakes. Make copies of the form based on the instructions in booklets for forms \ FOC 53 or FOC 54 depending on your situation. 2. Approval by friend of the court. In some courts the order has to be approved by the friend of the court b\ efore the judge will sign it. Contact the friend of the court office and ask if the order mu\ st be approved by it. Then complete either step a. or b. below. a. If the order must be approved by the friend of the court, go to the frie\ nd of the courtoffice with the original and five copies of the order. Leave the order \ with the office. Someone from the office should tell you when to come back for the order \ or should call you when the order has been approved. If you do not hear from the offic\ e within 5 days, call them to find out when to pick up the order. Go back and pick up th\ e order. Then complete step 3 below. b. If the order does not need to be approved by the friend of the court\ , complete step 3 below. 3. Get the order signed by the judge. After you have filled out the order, you must get it signed by the judge\ . If both you and the other party sign the order to show you both approve the order, then \ contact the friend of the court office to find out how to get the order signed by th\ e judge. Otherwise you must do either of the following: a. Schedule and attend a hearing to get the order signed. (Use the packet for form FOC 53, Notice of Hearing to Enter Order.) b. Notify the other party in writing that the order will be given to the ju\ dge to sign and that he or she has 7 days to file any written objections. If no objections a\ re filed by the other party, the order can be signed. (Use the packet for form FOC 54, Notice to Enter Order Without Hearing.) PAGE 3 INSTRUCTIONS FOR COMPLETING "ORDER MODIFYING EX PARTE ORDER" Please print neatly. After filling in the form, you will need to make a\ t least five copies. Items A through H must be completed before the order can be given to the\ judge for signature. Please read the instruction for each item. Then fill in the correct information for that item on th\ e form. A Before you fill in the Case No., get your copy of the Motion (form FOC \ 61) or your court papers for divorce, annulment, separate maintenance, or paternity. Copy the Case No. from t\ hat paper onto this form. B Also use the motion or other court papers to fill in the "Plaintiff" and\ "Defendant" boxes. Copy the names from the motion or other court papers onto this form. For example, if your n\ ame is in the box that says "plaintiff," then you should write your name in the "plaintiff" box on this order for\ m. C Fill in the date of the hearing and the name of the judge or referee who\ heard your objection and motion (form FOC 61). D Check the boxes that say what the judge or referee ordered at the hearin\ g on the motion. Then write in the blank space provided what the judge or referee ordered at the hearing. This i\ nformation must state as closely as possible the exact words of the judge or referee. Use the notes you too\ k at the hearing when filling out this part of the order form. Make sure the Uniform Support Order is completed and \ attached (form FOC 10/52). E Check this box if the judge or referee ordered something else. This info\ rmation must state as closely as possible the exact words of the judge or referee. Use the notes you took at the \ hearing when filling out this part of the order form. F Write in the date that the order is to take effect (when the provisions\ in the order are to begin). G If you filed an objection and motion (form FOC 61) and the other party\ has agreed to sign the order without a hearing to enter the order, both you and the other party must sign here.\ If the other party will not sign the order without a hearing to enter the order, follow the directions on schedulin\ g a hearing in the booklet for form FOC 53, Notice of Hearing to Enter Order. To find out how to get the order signed, contact the friend of the court\ office for instructions. See page 3 of this booklet for details. H On the date you serve a copy on the other party, write in the date and s\ ign your name on the remaining three copies. Return to the county clerk with two copies. You must read this booklet and other booklets dealing with orders for di\ rections on the legal process. PAGE 4 DateMCL 722.27a(12), (13) C B D E F G H IT IS ORDERED: 1. Custody Parenting time is changed to: 2. Support is changed. The Uniform Support Order is incorporated by referen\ ce. 3. Other: (See attached.) 4. The changes made in this order shall start on . 5. Except as changed in this order, all other provisions of the ex parte or\ der shall remain in effect until further order of the court. CERTIFICATE OF MAILING I certify that on this date I served a copy of this order on the parties\ or their attorneys by first-class mail addressed to their last- known addresses as defined in MCR 3.203. On , found that the ex parte order should be modified. Judge Date Bar no. Defendant's signature (approved as to form and content) Plaintiff's signature (approved as to form and content) Please print or type information. Date of hearing Judge/Referee Date Court address Court telephone no. 3rd copy - Friend of the court 4th copy - Proof of service 5th copy - Proof of service FOC 62 (3/16) ORDER MODIFYING EX PARTE ORDER Approved, SCAO CASE NO. STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY ORDER MODIFYING EX PARTE ORDER Original - Court 1st copy - Other party 2nd copy - Moving party Defendant's name, address, and telephone no. Plaintiff's name, address, and telephone no. v Attorney: Attorney: Signature A