FOC 66 Response to Motion Regarding Parenting Time (Michigan): how to fill it out, item by item

Summary: what FOC 66 does, and what you need first

• FOC 66 answers an FOC 65, Motion Regarding Parenting Time. The instructions say that by filling it out you are answering the statements made in the motion.
• Have the motion and its notice of hearing in front of you. Instructions A and B say to copy the case number and the names from the motion, and items 2 through 5 each answer a lettered item on the motion.
• The deadline runs back from the hearing. MCR 2.119(C)(2) says a response must be served at least 5 days before the hearing by first-class mail, or 3 days by delivery, and MCR 2.119(C)(4) says it must be filed at least 3 days before the hearing, unless the court sets a different time.
• For item 2, gather what answers the disobedience claim: messages, calendars, exchange records. If you check “have not,” the instructions say you must explain why you do not agree.
• For items 4 and 5, the measure is the child’s best interests under MCL 722.27a(1), and MCL 722.27a(8) says parenting time shall be granted in specific terms if either party requests it.
• Take the original and five copies to the county clerk in the county where the motion was filed, per the instructions.
• Mail a copy to the other party, and to any other custodian or guardian, by first-class mail, then complete the certificate of mailing on the remaining copies.
• Attend the hearing. The instructions say you must, and that you should bring your copy of the motion, your response, your supporting papers, and any witnesses.

What FOC 66 is, and how it lines up with the motion

Response to Motion Regarding Parenting Time (FOC 66) is the form response to FOC 65. MCL 552.505(1)(d) requires each friend of the court office to make available form motions, responses, and orders for a party who wants to make or respond to a motion to modify parenting time without a lawyer. The note printed on FOC 65 tells the person receiving the motion to contact the friend of the court office and request form FOC 66.

Each item answers a lettered item on the motion. The instructions tie them together: item 2 is completed only if letter D is checked on the motion (the disobedience item), item 3 only if letter E is checked (the agreement item), item 4 checks the same box the motion checked at letter F (establish or change), and item 5 the same box it checked at letter G (established, changed, or made up). Item 4 adds your “agree” or “do not agree,” and item 5 your “be” or “not be.”

The standard is the child’s best interests. MCL 722.27a(1) says parenting time shall be granted in accordance with the best interests of the child, that a strong relationship with both parents is presumed to be in the child’s best interests, and that parenting time shall be granted in a frequency, duration, and type reasonably calculated to promote that relationship. MCL 722.27a(7) lists factors the court may consider, and MCL 722.27a(9) lists conditions an order may contain. If the change the motion asks for would alter the children’s established custodial environment, MCL 722.27(1)(c) requires clear and convincing evidence that it is in the child’s best interest.

MCR 3.213 says postjudgment motions in domestic relations actions are governed by MCR 2.119, which sets the time for serving and filing a response. The instructions add that after the decision, the other party is to prepare the order using FOC 67, even if it is not what the motion or your response asked for.

FOC 66 item by item

FOC 66 is a single page. The circled letters A through I printed in the left margin match the item letters in the instructions packet (INST FOC 66), which explains each one on its page 6; the numbers 1 through 5 are the form’s own items. Item numbers and wording below are the ones printed on the form.

Caption (A and B)

Court, case number and judge, court address, plaintiff and defendant

What it asks

STATE OF MICHIGAN, the JUDICIAL CIRCUIT and COUNTY, CASE NO. and JUDGE, the court address and telephone number, and the plaintiff’s and defendant’s name, address, and telephone number, each with a moving party box.

What to put

Instruction A says to copy the case number from the Motion Regarding Parenting Time (FOC 65). Instruction B says to copy the names from the motion and to check moving party in the box with the other party’s name, because the other party is the moving party. For example, if Daniel Reyes filed the motion as defendant, check moving party in the defendant box and write your own name, Maria Lopez, in the plaintiff box.

Common mistake

Checking moving party next to your own name. On the response, the moving party is the person who filed the motion.

Third party box

Third party’s name, address, and telephone no.

What it asks

The name, address and telephone number of a third party in the case, with a moving party box.

What to put

Copy it from the motion if the motion has one; instruction B says to use it if applicable. Check moving party here only if the third party filed the motion.

Common mistake

Leaving it blank when the motion lists a third party.

Item 1 (C)

Is there an order regarding parenting time?

What it asks

a. On [Date] a judgment or order was entered regarding parenting time, or b. There is currently no order regarding parenting time.

What to put

Instruction C says to check only one box: read your judgment or order and check a, with the date, if it has information about parenting time, or b if it has none. Check your own papers rather than copying the motion.

Common mistake

Copying the motion’s answer when it is wrong. If the motion says there is no order and there is one, item 1 is where that shows.

Item 2 (D)

I have / have not disobeyed the parenting-time order as stated in the motion

What it asks

A box, then whether you have or have not disobeyed the parenting-time order as stated in the motion. The line printed under it reads: Explain in detail what you do not agree with in item 2 of the motion and why. Include all necessary facts.

What to put

Instruction D says to complete this item only if letter D is checked on the motion. Check “have” if you agree the order was not obeyed as the motion says, or “have not” if you do not agree, and then explain in as much detail as possible what you do not agree with and why. Answer each instance the motion lists, by date.

Common mistake

Looking for the claim in item 2 of the motion. The printed line says item 2, but on the current FOC 65 the disobedience claims are item 3, beside letter D; item 2 there is the UCCJEA Affidavit.

Item 3 (E)

Whether you agreed to start or change parenting time

What it asks

A box, then 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; or c. I did not agree with the other party to start or make changes in parenting time. If b is checked, the form says to explain in detail what you did agree on.

What to put

Instruction E says to complete this item only if letter E is checked on the motion, then check a, b, or c. If you check b, explain what you actually agreed on; if you check c, explain why you do not agree with the motion. MCL 722.27a(2) says that if the parents agree on parenting time terms, the court shall order them unless it finds on the record by clear and convincing evidence that they are not in the child’s best interests.

Common mistake

Leaving out support. Instruction E says a change in parenting time may affect the support obligation if a Motion Regarding Support (FOC 50) is filed.

Item 4 (F)

I agree / do not agree that it is in the best interests of the child(ren) to establish or change parenting time

What it asks

Whether you agree or do not agree that it is in the children’s best interests to establish or change parenting time as stated in the motion. If you do not agree, the form says to explain why it is in the best interests of the child(ren).

What to put

Instruction F says to check agree or do not agree, then check the same box (establish or change) that was checked at letter F on the motion. If you do not agree, explain in as much detail as possible why your response is in the children’s best interests. The factors the court may consider are in MCL 722.27a(7), including the child’s special needs, the burden of travel, and whether a parent has frequently failed to exercise reasonable parenting time.

Common mistake

Checking a different box from the motion. Instruction F says to check the same box the motion checked; your disagreement goes in agree or do not agree and the explanation.

Item 5 (G)

I ask the court to order that parenting time be / not be established, changed, or made up as stated in the motion

What it asks

Whether parenting time should or should not be established, changed, or made up as stated in the motion. If you do not agree with the request, the form says to explain in detail what you want the court to order.

What to put

Instruction G says to check “be” if you agree with the request and “not be” if you do not, then check the same box that was checked at letter G on the motion. If you check “not be,” explain why and what you want the court to order. If you want a schedule, write it in specific terms; MCL 722.27a(8) says parenting time shall be granted in specific terms if requested by either party.

Common mistake

Checking “not be” without saying what you want instead. The court then has only the motion’s proposal on paper.

Signature (H)

Date and responding party’s signature

What it asks

The date and your signature.

What to put

Instruction H says to write in today’s date and sign, then take the original and five copies, with four copies of each separate sheet, to the county clerk.

Common mistake

Filing in a different county. The instructions say to file in the county where the motion was filed, which is printed in the upper left corner of the motion.

Certificate of mailing (I)

CERTIFICATE OF MAILING

What it asks

The statement that on this date you served a copy of the response on the parties or their attorneys by first-class mail addressed to the last-known address as defined in MCR 3.203, with the date and your signature.

What to put

Instruction I says to date and sign it on the remaining three copies on the day you mail, then return to the county clerk with two copies. MCR 3.203(A)(2) says service by mail is to a party’s last known mailing address, and MCR 2.107(C)(3) says service by mail is complete at the time of mailing.

Common mistake

Mailing on the fourth day before the hearing. MCR 2.119(C)(2)(a) requires at least 5 days for a response served by first-class mail.

Common pitfalls

What to file with FOC 66

• FOC 65: Motion Regarding Parenting Time. The motion you are responding to. Items 2 through 5 each answer one of its lettered items. Read the FOC 65 walkthrough.
• MC 416: Uniform Child Custody Jurisdiction Enforcement Act Affidavit. FOC 66 and its instructions do not mention it. MCL 722.1209(1) puts the UCCJEA information on each party in its first pleading or an attached sworn statement, and MCL 722.1209(4) gives each party a continuing duty to tell the court about a proceeding in this or another state that could affect the case. Read the MC 416 walkthrough.
• FOC 67: Order Regarding Parenting Time. Not prepared by you. The instructions say the other party prepares the order after the decision.
• FOC 50: Motion Regarding Support. Instruction E says a change in parenting time may affect the support obligation if this motion is filed.
• FOC 68: Objection to Referee’s Recommended Order. Named in the instructions for objecting to a referee’s decision and asking for a hearing before the judge.

Filing practice differs by county. The instructions describe paper filing with the county clerk; MCR 3.203(G) says that where electronic filing is implemented, the court and the friend of the court decide how filed documents reach the friend of the court. Ask the clerk how filing works in the county where the motion was filed.

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