How to Object to a Friend of the Court Recommendation

To object to a Friend of the Court recommendation in Michigan, file a written objection with the circuit court clerk within 21 days of being served with the recommendation. That filing triggers a hearing before a judge, who decides the matter independently of the referee or FOC worker.¹ Miss the 21 days and the recommendation becomes a binding court order.²

Which Form You File Depends on How the Recommendation Was Produced

The FOC produces recommendations through two paths, and the form you use differs.

If a judge referred your motion to an FOC referee, the referee held a hearing and issued a written recommendation to the judge with copies to both parties. To object, use Form FOC 68 (Objection to Referee’s Recommended Order), available from the Michigan Courts website or your county circuit court clerk.³

If instead the FOC worker met with you and the other party in a joint meeting or information-gathering conference, and then prepared a recommendation because you couldn’t agree, use Form FOC 78 (Objection to Proposed Order).⁴ The 21-day deadline applies either way.

The 21-Day Deadline and How to Count It

You have 21 days from the date the recommendation was served on you to file a written objection with the court clerk.¹ “Served” usually means the date the recommendation was mailed or hand-delivered to you or your attorney. Count from the service date printed on the recommendation, not the day you happened to open the envelope.

This is the single most important date in the process. If nothing is filed within the 21 days, the recommended order becomes a final court order, and the court has no obligation to hear a late objection.²

What to Put in the Objection

Your written objection must identify the specific findings or legal conclusions you disagree with.² General complaints do not meet this standard, and the judge can refuse to hear evidence at the later hearing on any finding you didn’t specifically object to in your written filing. The form defines the scope of the hearing.

Factual errors are the most straightforward basis. The referee or FOC worker may have used incorrect income figures for a support calculation, overlooked documentation you provided, or misstated the existing custody arrangement. Point to the exact number or fact that is wrong and state what the correct information is. For example: “The referee calculated my income at $65,000 annually based on my 2024 tax return, but my current pay stubs show annual income of $52,000 after a job change in March 2025.”

You can also object on the ground that the recommendation misapplied the law. In custody cases this usually means Michigan’s 12 “best interest of the child” factors. Specificity still matters. “The recommendation is unfair” gives the judge nothing to work with. “The recommendation did not address Factor (k), domestic violence, despite the personal protection order entered in June” gives the judge something concrete to evaluate.

Before you file Form FOC 68 or FOC 78, gather your case name, case number, and the date the recommendation was served. Each objection point should identify the finding, explain why it’s wrong, and state what the correct finding should be.

Filing and Serving the Objection

File the completed objection with the circuit court clerk. Most counties allow filing in person, by mail, or through an e-filing portal. Ask the clerk to stamp a copy with the filing date and keep it. If there is ever a dispute about whether you met the 21-day deadline, that date stamp is your proof.

Filing is not enough on its own. You must also serve a copy of the objection and a notice of hearing on the other party or their attorney by first-class mail.³ You do not need to separately mail a copy to the FOC office; the county clerk handles that delivery.⁴

The form includes a Certificate of Mailing section where you certify the date you mailed copies and list who received them. Fill it out completely: name and address of each person served, date mailed, and your signature. An incomplete certificate can create problems if the other side later claims they were never notified.

The other party must receive your objection at least nine days before the hearing date.³ Factor mailing time into the date you pick or request.

The Judicial Hearing

A timely objection entitles you to a hearing before the judge. The judge is not bound by the referee’s conclusions and decides the disputed findings independently.¹ The hearing must be held within 21 days after your objection is filed, unless the court extends that time for good cause.²

The judge may review the record from the referee hearing but must allow both parties to present live testimony and evidence. Come with organized copies of any exhibits you plan to introduce and, if witnesses matter, arrange for them to attend.

What the Judge Can Refuse to Consider

The court rules give the judge broad discretion to limit the hearing:

The judge can refuse to hear evidence on any finding you did not specifically challenge in your written objection. If you only objected to the child support calculation, expect no relitigation of parenting time.
The judge can block new evidence or new witnesses you could have presented at the referee hearing but didn’t. You would need to show the evidence genuinely wasn’t available then.
The judge can treat any referee finding that nobody objected to as settled fact.²

The practical takeaway is not to hold anything back. Present your evidence at the referee hearing and again before the judge.

The Recommendation May Take Effect in the Meantime

While the judicial hearing is pending, the referee’s recommended order can be entered as an interim order that takes effect temporarily until the judge rules.¹ Comply with it even though you have objected. Ignoring an interim support order because “it’s not final yet” can lead to contempt findings.

Costs and the Risk of Sanctions

If the judge determines your objection was frivolous or filed only to delay the case, the court can order you to pay the other party’s reasonable attorney fees and costs.² Ask yourself honestly whether you have a factual or legal basis for the objection before filing.

Expect some unavoidable expenses even for a strong objection. Court filing fees for motions vary by county. If the judge needs a transcript of the referee hearing, court reporter transcript fees generally run several dollars per page, with higher rates for expedited turnaround.

If You Missed the 21-Day Deadline

Once 21 days pass without a written objection, the recommendation becomes a final court order and your options narrow. You cannot simply file late and expect the court to accept it.

The most realistic path is a motion to set aside the order, arguing good cause for missing the deadline. Courts evaluate these strictly. Credible reasons might include never receiving the recommendation due to an incorrect mailing address or a genuine medical emergency that prevented a response. “I didn’t realize the deadline was important” or “I was still gathering evidence” rarely qualifies. The longer you wait after the deadline, the harder the motion becomes.

A separate option is filing a new motion to modify custody or support based on a change in circumstances. That is its own legal process, does not undo the original order retroactively, and only affects things going forward if you can show that circumstances have materially changed since the order was entered.

After the Judge Rules

If the judge issues an order after the judicial hearing and you still disagree, the next step is an appeal to the Michigan Court of Appeals, with a claim of appeal filed within 21 days of the entry of the final order. Child custody appeals run on a compressed 28-day briefing schedule rather than the 56 days allowed in most other civil cases. If you miss the 21-day appeal window, a late application for leave to appeal may be possible within six months, though the court is not required to accept it.⁵ Appeals are procedurally demanding, and most people benefit from consulting an attorney at that stage.

1
Michigan Legislature. Michigan Compiled Laws 552.507
2
Court Rules Network. Rule 3.215 Domestic Relations Referees
3
Michigan Courts. Instructions for Using Form FOC 68 – Objection to Referees Recommended Order
4
Michigan Courts. Instructions for Using Form FOC 78 – Objection to Proposed Order
5
Michigan Courts. Guide to Handling a Civil Appeal