2015 PA 255 – Uniform Interstate Family Support Act (effective January 1, 2016)

Michigan adopted the 2008 version of the Uniform Interstate Family Support Act (UIFSA). The new additions make UIFSA applicable to child support orders in and from other countries. Additionally, in order to allow the FOC offices more time for processing, the timeframe for support enforcement agencies to notify petitioners of communication from other tribunals has been extended from two days to five days.

2015 PA 257 – Revised Judicature Act (effective March 22, 2016)

Claims against the state or a department will be paid from the unencumbered appropriation of the department if the head of the department or his designee determines it is sufficient. Plaintiff must provide the head of the department with any required information. The Department of Treasury must determine if there is a liability (i.e. child support) that needs to be paid. If there is, the liability will be paid first and any excess will be paid to satisfy the plaintiff’s claim.

2016 PA 91 – Revised Judicature Act (effective July 25, 2016)

If a court order has been entered in an action appealed to the Supreme Court or Court of Appeals that prohibits the disclosure of the address of a party to the action, or prohibits one party from contacting the other, a party must serve the appeal papers by delivering sufficient copies to the clerk of the court with a request that the clerk, sheriff, deputy sheriff, police officer, or appointed court officer serve the protected party. The officer will serve the protected party at either the confidential address provided by the protected party or the last known address of the protected party.

2016 PA 93 – Revised Judicature Act (effective August 1, 2016)

In a domestic relations case, and without a hearing to determine whether mediation is appropriate, the court shall not submit a contested issue to mediation if there is a PPO when one or both parties are involved in a child abuse/neglect proceeding. However, the court may order mediation in either instance if a parent protected by the order requests mediation.

Domestic relations mediators must make a reasonable inquiry (including domestic violence screening) as to whether either party has a history of a coercive/violent relationship with the other party, whether mediation would be physically or emotionally unsafe for any participant or would impede the achievement of a voluntary and safe resolution of issue.

2016 PA 95 – Child Custody Act (effective August 1, 2016)

When determining factor (j) of best interest factors, a court cannot negatively consider an action taken by a parent to protect a child or that parent from sexual assault or violence by the child’s other parent.

2016 PA 96 – Child Custody Act (effective August 1, 2016)

If a child custody dispute involves a child conceived through an act of criminal sexual conduct or nonconsensual sexual penetration, the court cannot award custody to the offending parent without the consent of the other parent or guardian. This subsection does not apply if the parties cohabitate and establish a mutual custodial environment after the conviction. The offending party must still pay support or maintenance obligations as ordered unless the other parent or guardian declines it. A parent may assert the criminal sexual conduct charge as an affirmative defense in a proceeding brought by the offending party regarding the child.

If a parenting time proceeding involves a child conceived through an act of criminal sexual conduct or nonconsensual sexual penetration, the court cannot grant parenting time to the offending parent. This subsection does not apply if the parties cohabitate and establish a mutual custodial environment after the conviction. A parent may assert the criminal sexual conduct charge as an affirmative defense in a proceeding brought by the offending party regarding the child.