Presence at hearing?

[Nynaeve]

My husband has been divorced for many years, but has been in and out of court for the last year and a half regarding custody and Parenting Time issues.  His ex has physical custody, and they share legal.  His daughter is 13, and we all live in Michigan.

My husband would like me to be with him during the hearings that we have with the referee.  I have generally always been there, but the last time, they requested that only the parties listed be present.  

Question:

1. Is there anything I can do, or my husband can do (or say) so that his ex cannot stop me from being in the room with him for future hearings?

Thanks,
Nynaeve

[socrateaser]

>1. Is there anything I can do, or my husband can do (or say)
>so that his ex cannot stop me from being in the room with him
>for future hearings?

I don't understand your use of the word "referee." Is this hearing one in which the "referee" has authority to make an order, or is this a mediation where the referee is trying to bring the parties together in a voluntary settlement.

[Nynaeve]

>I don't understand your use of the word "referee." Is this hearing one >in which the "referee" has authority to make an order, or is this a >mediation where the referee is trying to bring the parties together in a >voluntary settlement.

Where we live (not sure if it's statewide-Michigan-or just in our county) the parties see the referee first.  It is a hearing, on the record, and she has the authority to make decisions, orders, etc.  If the parties refuse to sign the order, they are then sent to the judge.  They can also appeal the referee's decision to the judge.  

From what I understand, she is acting on behalf of the judge, making decisions she believes the judge would make.  It is supposed to make things run more efficiently, not waste the judge's time, etc.

Thanks,
Nynaeve

[antonin]

Yes. the following definition of a referee is appropriate to Michigan:

From what I understand, she is acting on behalf of the judge, making decisions she believes the judge would make. It is supposed to make things run more efficiently, not waste the judge's time, etc.

They have the power to determine custody, support, etc. Of course you can appeal and go before the judge. Referees are attorneys acting on behalf of the state.

[socrateaser]

Well, based on your description of the referee, the hearings would be public, therefore there is no reason why you cannot be present in the room. However, legally, no one other than attorneys and parties can represent in court, so technically, you cannot sit at the petitioner's or respondent's table, and you cannot address the court, except as a witness.

In some settings, however, a hearing officer may relax the rules of court in order to accomodate a step-parent, in the interest of judical efficiency.

[Nynaeve]

Thank you for your assistance.  I will contact the Friend of the Court and question the "open to the public" issue.

I did not plan to address the court, and there is a bench behind the petitioner's and respondent's tables, so I would even have to have rules relaxed to allow me to sit at his table.  

Thanks again,
Nynaeve