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Form FOC 66 RESPONSE TO MOTION REGARDING PARENTING TIME
Use this form if:
· you get a copy of FOC 65, Motion Regarding Parenting Time. By filling out this form, you are answering the statements made in the motion.

RESPONSE TO MOTION CHECKLIST

Use the following checklist to make sure you have done all the steps that are needed.

DID YOU . . .
1. 2. 3. 4. Fill out all requested information on the form? Make all necessary copies? File the response to motion form with the clerk's office? Mail (serve) a copy of the response on the other party and on any other custodian/guardian? Return to the clerk's office after you mailed the response to the other party and completed the certificate of mailing? Keep one copy of the response to motion form for yourself? Give two copies of the completed form to the clerk of the court? YES YES YES

YES

5.

YES YES YES

6. 7.

You must attend the hearing on the motion. If you cannot answer "yes" to all the above steps, your response may not be heard at the hearing on the motion.

By using this form packet you are representing yourself in a court action regarding parenting time. 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 the parenting time you want.

If you have any questions about any step in the process, refer to pages 3 through 5 of this booklet for details.

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INSTRUCTIONS FOR USING FORM FOC 66 RESPONDING TO A MOTION »» FILING A RESPONSE 1. Fill out the Response to Motion form. If you receive a motion and notice of hearing from the other party, you have time before the hearing to respond in writing to the party and the court. Use the instructions on page 6. Be careful not to make mistakes. Make at least five copies of the form after you have filled it out. 2. File the Response form with the county clerk. Take the original and five copies of the form to the county clerk in the county where the motion was filed. The name of the county will be in the upper left-hand corner of the motion form. The county clerk will write the name of the judge assigned to your case on your form. The clerk will keep the original and one copy for the court file and the friend of the court. Then the clerk will return four copies and remaining attachments to you. Do not lose them. What you should have when you leave the clerk's office: One copy of FOC 66 (with any attachments) - for you One copy of FOC 66 (with any attachments) - for the other party One copy of FOC 66 - for proof of service to the court One copy of FOC 66 - for proof of service to the friend of the court »» SERVING THE RESPONSE ON THE OTHER PARTY OR PARTIES 1. Serve the Response on the other party. The other party must be served with (notified of) your response at least 5 weekdays (not including holidays) before the hearing date. NOTE: Serve the papers by mailing them to the other party by first-class mail. What you need for service: One copy of FOC 66 (with any attachments) - for the other party Two copies of FOC 66 - for proof of service Any additional copies of FOC 66 (with any attachments) - for another custodian or guardian if there is someone other than the other parent who has care or custody of the child(ren).

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Mail one copy with attachments to the other party. If there is a custodian or guardian, mail one copy and the attachments to him/her. Then fill out the Certificate of Mailing on the front of the remaining three copies. Keep one copy for your records. 2. Return to the county clerk. Once you have mailed the response and filled out the Certificate of Mailing on the remaining three copies, return to the county clerk's office with two copies. Remember to keep one copy for your own records. The county clerk will deliver one copy to the friend of the court. 3. Attend the hearing. You must attend the hearing on the motion. »» INFORMATION ABOUT ATTENDING THE HEARING Bring your copy of the motion and your response along with all supporting papers and any witnesses who are willing to testify. 1. Because you are representing yourself, you are expected to conduct yourself as an attorney would and to follow the same general rules an attorney would. 2. Make a list of information you think is important for the referee or judge to know. The information should relate to the reasons stated in your motion. You can use this list as a reminder to bring up the points you think are important. 3. If you think you need to order someone to attend this hearing, follow the procedure in Michigan Court Rule 2.506 or consult with an attorney. 4. Go to the judge's courtroom or referee's hearing room on the scheduled day and time. Dress neatly. Arrive 10 or 15 minutes early. Be prepared to spend most of the morning or afternoon in court. Bring any witnesses with you. 5. Go into the courtroom or referee hearing room and tell the referee or clerk (sitting near the judge's bench) your name, that you are there for a hearing, and you are representing yourself. Do not interrupt any hearing in progress. Then take a seat in the back of the courtroom and wait for your case to be called. 6. When you are called, go to the podium and clearly state: 1) your name. 2) that you are representing yourself.

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3) that you want to respond to the motion for a parenting-time order or to change a parenting time order. 4) the facts or reasons for your response (bring papers such as reports that support your facts or reasons). 5) whether you have witnesses in court who are willing to testify. Answer the judge's or referee's questions clearly and directly. If the judge or referee wants to hear from the other witnesses, ask them to tell the court what they saw or know regarding your situation. 8. If the other party is in court, he or she will have a chance to speak also. When the other party talks, take notes. Do not interrupt the other party. After the other party speaks, you will have another chance to talk. Taking notes will help you with this. 9. After the judge or referee makes a decision, the other party is to prepare the order (using the instructions on the packet for FOC 67, "Order Regarding Parenting Time") even if it is not what is asked for in the motion or your response to the motion.

NOTE: If your hearing was held before a referee and you do not agree with the referee's decision, you have 21 days from the date you receive the referee's recommendation to file an objection and request a de novo hearing before the judge. Use the packet for FOC 68, "Objection to Referee's Recommended Order."

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INSTRUCTIONS FOR COMPLETING "RESPONSE TO MOTION REGARDING PARENTING TIME" Please print neatly. After filling in the form, you will need to make at least five copies. Items A through H must be completed before your response can be filed with the court. Please read the instruction for each item. Then fill in the correct information for that item on the form. A B Before you fill in the Case No., get your copy of the Motion Regarding Parenting Time (Form FOC 65) and copy the Case No. from that paper onto this form. Also use the motion form to fill in the "Plaintiff" and "Defendant" boxes and if applicable, the "Third Party" box. Copy the names from the motion onto this form. For example, if your name is in the box that says "plaintiff," then you should write your name in the "plaintiff" box on this response form. The other party is the "moving party." Once you have written both names where they belong, you must check the box "moving party" in the same box as the other party's name. C Check only one box. If you have a judgment or order for divorce, separate maintenance, or paternity, read it carefully to find out if there is any information in it about parenting time. If there is information about parenting time, check box a. If there is no information about parenting time, check box b. Check this box only if D is checked on the Motion form (FOC 65). If you agree that the parenting-time orders were not obeyed as stated in the motion, check the box "have." If you do not agree, check the box "have not." If you checked the box "have not," you must explain why you do not agree with the motion. Explain in as much detail as possible what you do not agree with and why. Print this information as neatly as you can. If you need more space, use a separate sheet of paper. You will need four copies of this sheet to attach to copies of this form. Check this box only if E is checked on the Motion form (FOC 65). Then check either box a, b, or c. If you check box b, explain in as much detail as possible what you agreed on. If you check box c, explain in as much detail as possible why you do not agree with the motion. Print this information as neatly as you can. If you need more space, use a separate sheet of paper. You will need four copies of this sheet to attach to copies of this form. Check whether you "agree" or "do not agree" that the Motion form (FOC 65) is in the best interests of the child(ren). Then check the same box that was checked in F on the Motion form (FOC 65). If you checked the box "do not agree," you must explain in as much detail as possible why your response is in the best interests of the child(ren). If you need more space, use a separate sheet of paper. You will need four copies of this sheet to attach to copies of this form. If you agree with the request in the Motion form (FOC 65), check the box "be." If you do not agree with the request, check the box "not be." Then check the same box that was checked in G on the Motion form (FOC 65). If you checked the box "not be," you must explain in as much detail as possible why you do not agree with the request in the Motion form and what you want the court to order. If you need more space, use a separate sheet of paper. Print your explanation as neatly as you can. You will need four copies of this sheet to attach to copies of this form. Write in today's date and sign your name. Now go to the county clerk's office with the original and five copies of this form and the four copies of each separate sheet. The clerk will attach one copy of each separate sheet to four of the copies. The clerk will return four copies to you. Read page 3 of this booklet for details on mailing this form to the other party. On the date you mail one copy (and the separate sheets) to the other party, write in the date and sign your name on the remaining three copies. Return to the county clerk with two copies. Read page 4 of this booklet for details. You must read this booklet for directions on the legal process.

D

E

F

G

H ·

· I

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Approved, SCAO

Original - Court 1st copy - Moving party 2nd copy - Responding party

3rd copy - Friend of the court 4th copy - Proof of service 5th copy - Proof of service

STATE OF MICHIGAN JUDICIAL CIRCUIT COUNTY
Court address

RESPONSE TO MOTION REGARDING PARENTING TIME

A

CASE NO.

Court telephone no.

B

Plaintiff's name, address, and telephone no.

moving party

Defendant's name, address, and telephone no.

moving party

v

Third party name, address, and telephone no.

moving party

C

1.

a. On

Date

a judgment

or order was entered regarding parenting time. b. There is currently no order regarding parenting time.

D

2. I

have

have not

disobeyed the parenting-time order as stated in the motion.

Explain in detail what you do not agree with in item 2. of the motion and why. Include all necessary facts. Use a separate sheet of paper if needed.

E

3.

a. I agreed with the other party to start or make changes in parenting time as stated in the motion. b. I agreed with the other party to start or make changes in parenting time. They were not what was stated in the motion. c. I did not agree with the other party to start or make changes in parenting time.
If b. is checked, explain in detail what you did agree on. Include all necessary facts. Use a separate sheet of paper if needed.

F

4. I agree do not agree that it is in the best interests of the child(ren) to parenting time as stated in the motion.

establish

change

If you do not agree with the motion, explain why it is in the best interests of the child(ren). Use a separate sheet of paper if needed.

G

5. I ask the court to order that parenting time as stated in the motion.

be

not be

established

changed

made up

If you do not agree with the request in the motion, explain in detail what you want the court to order. Use a separate sheet of paper if needed.

H

Date

Responding party's signature

CERTIFICATE OF MAILING I certify that on this date I served a copy of this response on the parties or their attorneys by first-class mail addressed to their last-known addresses as defined in MCR 3.203.

I

Date

Responding party's signature

FOC 66 (3/09)

RESPONSE TO MOTION REGARDING PARENTING TIME

MCL 552.14, MCR 2.119