Legal Question in Family Law in Michigan

Possible bar and JTC complaint

What can be done when there have been 4 hearings in front of a FOC (Refereee) in which orders were issued on the record but the referee fails to put his recomendation in writing and put it before the Judge. He promises every hearing that the recomendation will be out to the parties with in 30 days and then never materialize leaving everyone most of all the children in complete limbo not to mention leaving a party unable to appeal an order as it doesn't exist.

2. One party in a motion demanded this go before the Judge in the case and when she got to the hearing it was for the 3rd time infront of the referee with the same results as was the result for the 4th hearing that took place 2 months ago an still no order.

2 complaints to the State court administrators office and never an answer to either although they were sent to the chief Judge.

What recourse is there in this case?


Asked on 10/06/06, 2:38 pm

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Possible bar and JTC complaint

There are remedies but I would think twice before filing suit against the referee, judge and chief judge in a suit for mandamus. Do you have a lawyer? If the lawyer is a regular in that county, the lawyer will know how to get the system working. If you do not have a lawyer...........William S. Stern

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Answered on 10/07/06, 10:23 am

Re: Possible bar and JTC complaint

Your attorney should be able to resolve the problems with a submission pursuant to the 7 day rule or a motion to enter an order.

Charles M. Kronzek

www.MidMichiganDivorce.com

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Answered on 10/06/06, 2:51 pm


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