ICLE Homepage | Other New and Amended MCRs
January 23, 1996
Amendment of Rule 3.207
of the Michigan Court Rules
On order of the Court, notice of proposed changes having
been provided, and consideration having been given to the comments
received in response to that notice, the following amendment of
Rule 3.207 is adopted January 23, 1996 to be effective April 1,
[The present language is amended as indicated below.]
ICLE Editor's Note:
[Italicized, bracketed text] indicates text that has been deleted.
Bold text indicates new text.
Rule 3.207 Ex Parte, Temporary, and Protective Orders
(B) Ex Parte Orders.
(5) An ex parte order providing for child support,
custody, or visitation [with a minor] pursuant to
MCL 722.27a; MSA 25.312(7a), must include the
"1. You may file a written objection to
[the] this order or a motion to modify or rescind
[the] this order. You must file the
"[2. The] written objection or motion [must
be filed] with the clerk of the court within 14
days after you were served with [the] this order. [A]
You must serve a true copy of the objection or
motion [shall be served] on the friend of the court
and the party who obtained the order.
" 2. If you file a written objection,
the friend of the court [shall] must try to resolve
the dispute. If the friend of the court cannot
resolve the dispute and if you wish to bring the
matter before the court without the assistance of
counsel, the friend of the court [shall] must
provide you with form pleadings and written
instructions and must schedule a hearing with the
"3. The ex parte order will
automatically become a temporary order if you do
not file a written objection or motion to modify
or rescind the ex parte order and a request for a
hearing. Even if an objection is filed, the ex
parte order will remain in effect and must be
obeyed unless changed by a later court order."
STAFF COMMENT: The 1996 amendment of MCR 3.207(B)(5) extended the
mandatory notice provision in visitation cases to child support and
custody cases. Other changes were made to reflect the November 1993
amendment of MCL 722.27a(13); MSA 25.312(7a)(13).
The staff comment is published only for the benefit of the bench
and bar and is not an authoritative construction by the Court.