What are my options if the referee recommendation in my parenting time case has now become an order due to a court oversite?

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What are my options if the referee recommendation in my parenting time case has now become an order due to a court oversite?

I have joint legal and joint physical custody of my daughter. I filed for an increase in parenting time and went in front of a referee over a month ago. I filed my objection with the court 2 days after I received the recommendation in the mail. It was lunchtime at the courthouse so I was told to place my objection in the tray. After 2 weeks of not receiving a court date I called my assigned judges assistant who read my objection filing date back to me and said I would receive a court date by mail soon. Today I was notified it was now an order because no objections were filed in the 21 days.

Asked on August 17, 2012 under Family Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would consult with an attorney about the procedural aspects of the matter.  You may need to make a motion to vacate the order or file the objections "nunc pro tunc" - then for now - and prove some how that you did file them timely.  Good luck.


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