REFEREE HEARINGS

Domestic relations referee hearings; judicial review.
by Terry Ray Bankert a Flint Divorce Lawyer Attorney

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The domestic relations referee must schedule a hearing within 14 days of receipt of the motion and must notify the parties’ attorneys or unrepresented parties. The notice must clearly state that the matter will be heard by a referee.

Within 21 days after the hearing, the domestic relations referee must make a statement of findings on the record or must submit a written report to the court, including findings and a summary of the testimony. A recommended order must also be submitted and served on the attorneys or unrepresented parties, and proof of service must be filed with the court.

A party has the right to judicial review of any matter that was the subject of a referee hearing and resulted in a statement of findings and a recommended order. The party must file and serve written objection and notice of a hearing on the parties or their attorneys within 21 days after the domestic relations referee’s recommended order was served.

If no such objections are filed, and the court approves, the domestic relations referee’s recommended order takes effect.

A judicial hearing must be held within 21 days after an objection is filed, unless the court extends the time for good cause.

The court hears the matter de novo, but the parties can stipulate that the judicial hearing be based solely on the record of the referee hearing.

Attorney Terry R. Bankert based in Flint Michigan. State Wide Divorce practice in mediation.
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