The Kent County Circuit Court has been selected by the Michigan Supreme Court Administrative Office to participate in the Cooperative Parent Pilot Project ("Pilot Project"), an effort to reduce conflict in divorces involving minor children. Beginning February 2^nd, 2009, and continuing through February 2011, all divorce cases involving minor children will be subject to the Pilot Project.

All pleadings filed under the Pilot Project must include non-adversarial language, such as "Mother" and "Father", instead of "Plaintiff and Defendant"; "Parenting Time", instead of "Custody"; "Financial Responsibility", instead of "Child Support"; and "Request to Dissolve Marriage", instead of "Complaint for Divorce." In addition, the filing and non-filing party must submit proposed Parenting Plans, which must conform to the Project requirements, including use of the non-adversarial language. The Parenting Plan must be submitted with the initial pleadings or shortly thereafter. The non-filing party must also comply with this requirement, filing his or her Parenting Plan with any responsive pleadings or prior to any court hearings. If the court finds that the filing party has failed to submit the appropriate Parenting Plan, their case may be rejected, which may result in additional costs. If the court finds that only one party filed a Parenting Plan, the court has the discretion to enter a parenting time order consistent with that parent's Plan.

In addition to using non-adversarial language and filing a Parenting Plan, all parents, whether represented by an attorney or not, must seek the services of a mediator before filing motions with the court. The mediators must assist the parties in reaching agreements regarding temporary issues (which often include exclusive use of the marital residence, temporary parenting time, temporary financial responsibility for the children, payment of the marital bills, etc.), before relief is sought in court. If, after attempting mediation, the parties are unable to reach an agreement, they may file a motion with the court. If the court finds that the parties have made reasonable attempts at mediation, their motions may be heard before the judge. If a motion is filed, the motion pleadings must state with specificity the reasons why the Alternative Dispute Resolution (ADR) process was unsuccessful. The parties, or their attorneys, must present sufficient proof to justify any exemption from the mediation process.

If you are proceeding without an attorney, the clerk's office can provide you with a list of approved mediators, a form stipulation for selecting a mediator, and an affidavit of indigence (if you are unable to pay for the mediator's services). If it is deemed that you are not indigent, you and the other parent must split the cost of mediation. If it is deemed that you are indigent and cannot afford to pay for the mediation process, your case will be referred for mediation through the Kent County Friend of the Court. The Legal Assistance Center at the Kent County Courthouse can also offer assistance for individuals who choose not to retain counsel.

The ultimate goal behind the Pilot Project is to remove the hostility and adversity from the divorce process when minor children are involved. By requiring the parties to submit Parenting Plans and participate in mediation, it is the hope that the divorce process will be less adversarial for the parents, and most importantly, for the minor children.

Our firm is committed to guiding parents through the divorce process and offering sound advice regarding these mandated procedural changes. Both attorneys have participated in seminars and workshops regarding the Pilot Project and will operate consistent with all mandated guidelines in the spirit of the Project. It is our goal to guide our clients through this process in a cost-effective manner.