Family court judges need to understand and decide a wide variety of issues – from fault to property division to support and child custody matters. Some cases involve accusations of domestic violence and substance abuse.
They need to apply the law consistently to the unique cases facing them every day. In many cases, their decisions can affect the lives and long-term well-being of children in the middle of parental divorce, and they need to prioritize the well-being of those children.
What changes are included in the legislation?
Now Michigan lawmakers are considering legislation that would require specialized training or experience in family law for Michigan judges who handle family law cases. One survey found that over 90% of Michigan voters support this training.
The proposed legislation would also implement a “one family, one judge” system where the same judge hears all matters related to a family. The way the courts work now, that’s not always the case.
One advocate for the changes says, “We have families that are on their third, fourth, or even fifth judge just to finish one proceeding. Every time a new judge comes in, the families have to tell their whole story all over again.” Further, the legislation would keep family law judges in that division rather than rotate them among other divisions.
Better, more consistent rulings
Attorneys and the State Bar of Michigan’s Family Law Section officials who support the legislation have complained of inconsistent rulings and of some judges not following the law – leading them to win a case on appeal. The head of the Family Law Section says, “Families deserve a system where judges understand the complexities of these cases and can provide consistent, informed decision-making.”
The proposed legislation is still in committee, so it has a way to go before being voted on by the entire state legislature and presented to the governor for approval. However, the calls for these changes remain strong.
In the meantime, it’s important for those dealing with family law matters to do everything possible to protect their rights and to present the strongest possible case, whether they’re going through a divorce, seeking a modification of an agreement or considering appealing a decision. Having experienced legal guidance can make all the difference.