REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.1021 Family division of circuit court; jurisdiction.
Sec. 1021.
(1) Except as otherwise provided by law, the family division of circuit court has sole and exclusive jurisdiction over the following cases commenced on or after January 1, 1998:
(a) Cases of divorce and ancillary matters as set forth in the following statutes:
(i) 1846 RS 84, MCL 552.1 to 552.45.
(ii) 1909 PA 259, MCL 552.101 to 552.104.
(iii) 1911 PA 52, MCL 552.121 to 552.123.
(iv) 1913 PA 379, MCL 552.151 to 552.156.
(v) The friend of the court act, 1982 PA 294, MCL 552.501 to 552.535.
(vi) 1905 PA 299, MCL 552.391.
(vii) 1949 PA 42, MCL 552.401 to 552.402.
(viii) The family support act, 1966 PA 138, MCL 552.451 to 552.459.
(ix) The support and parenting time enforcement act, 1982 PA 295, MCL 552.601 to 552.650.
(x) The interstate income withholding act, 1985 PA 216, MCL 552.671 to 552.685.
(b) Cases of adoption as provided in chapter X of the probate code of 1939, 1939 PA 288, MCL 710.21 to 710.70.
(c) Cases involving certain children incapable of adoption under 1925 PA 271, MCL 722.531 to 722.534.
(d) Cases involving a change of name as provided in chapter XI of the probate code of 1939, 1939 PA 288, MCL 711.1 to 711.3.
(e) Cases involving juveniles as provided in chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
(f) Cases involving the status of minors and the emancipation of minors under 1968 PA 293, MCL 722.1 to 722.6.
(g) Cases of child custody under the child custody act of 1970, 1970 PA 91, MCL 722.21 to 722.31, and child custody jurisdiction as provided in the uniform child-custody jurisdiction and enforcement act, 2001 PA 195, MCL 722.1101 to 722.1406.
(h) Cases involving paternity and child support under the paternity act, 1956 PA 205, MCL 722.711 to 722.730.
(i) Cases involving parental consent for abortions performed on unemancipated minors under the parental rights restoration act, 1990 PA 211, MCL 722.901 to 722.908.
(j) Cases involving child support under the revised uniform reciprocal enforcement of support act, 1952 PA 8, MCL 780.151 to 780.183.
(k) Cases involving personal protection orders and foreign protection orders under sections 2950 to 2950m.
(2) The family division of circuit court has ancillary jurisdiction over the following cases commenced on or after January 1, 1998:
(a) Cases involving guardians and conservators as provided in article 5 of the estates and protected individuals code, 1998 PA 386, MCL 700.5101 to 700.5520.
(b) Cases involving treatment of, or guardianship of, mentally ill or developmentally disabled persons under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
(3) A probate judge identified in section 1011 as serving pursuant to the family court plan has the same power and authority, within the county or probate court district in which he or she serves as probate judge, as that of a circuit judge over cases described in subsection (1), in addition to all the power and authority of a judge of the probate court.
History: Add. 1996, Act 388, Eff. Jan. 1, 1998 ;-- Am. 2000, Act 56, Eff. Apr. 1, 2000 ;-- Am. 2002, Act 682, Eff. Apr. 1, 2003
Notes of Decisions
Cited in
38
cases (
14 in the last 5 years), 1998–2026 · leading case:
In Re Ap, 770 N.W.2d 403 (Mich. Ct. App. 2009).
In Re Ap, 770 N.W.2d 403 (Mich. Ct. App. 2009).
· cites it 8× “1011 presiding over a juvenile case has jurisdiction to address related actions under the CCA consistent with MCL 600.1021 and MCL 600.1023, as well as local court rules.”
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010).
· cites it 2× “3 According to Random House Webster’s College Dictionary (2d ed), “tend” means in relevant part: 2 The statutory language has been altered to reflect the transfer of jurisdiction from the probate court to the family division of circuit court.”
Lapeer Cnty. Clerk v. Lapeer Circuit Court, 665 N.W.2d 452 (Mich. 2003).
· cites it 2× “1011(1) provides for the development of a plan for the operation of the family division in each judicial circuit: "Not later than July 1, 1997, in each judicial circuit, the chief circuit judge and the chief probate judge or judges shall enter into an agreement that establishes…”
People v. Iannucci, 887 N.W.2d 817 (Mich. Ct. App. 2016).
“Pursuant to MCL 600.1021, the family division of circuit court has sole and exclusive jurisdiction over cases of divorce and ancillary matters, including those matters set forth in the Support and Parenting Time Enforcement Act, MCL 552.”
In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002).
“1(3) (“This chapter shall be liberally construed so that each juvenile coming within the court’s jurisdiction receives the care, guidance, and control . . . conducive to the juvenile’s welfare .”
Souden v. Souden, 844 N.W.2d 151 (Mich. Ct. App. 2013).
“MCL 600.1021(l)(a). The ability to enforce an attorney’s charging lien is ancillary to a trial court’s exercise of jurisdiction over the cases before it.”
In re Deng, 887 N.W.2d 445 (Mich. Ct. App. 2016).
“1009; MCL 600.1021. The statute refers to the DHS.”
Lapeer Cnty. Clerk v. Lapeer Circuit Judges, 640 N.W.2d 567 (Mich. 2002).
“See MCL 600.1021. MCL 600.1011(1) provides for the development of a plan for the operation of the family division in each judicial circuit: Not later than July 1, 1997, in each judicial circuit, the chief circuit judge and the chief probate judge or judges shall enter into an…”
Sturgis v. Sturgis, 840 N.W.2d 408 (Mich. Ct. App. 2013).
“Each section, however, has the same authority and jurisdiction as the other section over matters enumerated in MCL 600.1021. [In re AP, 283 Mich App 574, 595-596 ; 770 NW2d 403 (2009).”
Usitalo v. Landon, 829 N.W.2d 359 (Mich. Ct. App. 2012).
“MCL 600.1021(1)(b) specifically provides that “the family division of circuit court has sole and exclusive jurisdiction over .”
Turppa v. Cnty. of Montmorency, 710 F. Supp. 2d 619 (E.D. Mich. 2010).
· cites it 2× “; Mich. Comp. Laws § 600.1021 (3). Perhaps coincidentally, 2002 was also the year that Montmorency County first approved funding to hire a deputy probate register.”
People v. Likine, 794 N.W.2d 85 (Mich. Ct. App. 2010).
“1021, the family division of circuit court has sole and exclusive jurisdiction over cases of divorce and ancillary matters, including those matters set forth in the Support and Parenting Time Enforcement Act, MCL 552.601 to 552.650. Under MCL 552.”
— Mich. Comp. Laws § 600.1021(1)(a) — 5 cases
— Mich. Comp. Laws § 600.1021(1)(a)(v) — 1 case
— Mich. Comp. Laws § 600.1021(1)(b) — 4 cases
Usitalo v. Landon, 829 N.W.2d 359 (Mich. Ct. App. 2012).
“MCL 600.1021(1)(b) specifically provides that “the family division of circuit court has sole and exclusive jurisdiction over .”
— Mich. Comp. Laws § 600.1021(1)(d) — 1 case
— Mich. Comp. Laws § 600.1021(1)(e) — 6 cases
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010).
“3 According to Random House Webster’s College Dictionary (2d ed), “tend” means in relevant part: 2 The statutory language has been altered to reflect the transfer of jurisdiction from the probate court to the family division of circuit court.”
In Re Amb, 640 N.W.2d 262 (Mich. Ct. App. 2002).
“1(3) (“This chapter shall be liberally construed so that each juvenile coming within the court’s jurisdiction receives the care, guidance, and control . . . conducive to the juvenile’s welfare .”
— Mich. Comp. Laws § 600.1021(1)(g) — 1 case
— Mich. Comp. Laws § 600.1021(2)(a) — 1 case
— Mich. Comp. Laws § 600.1021(3) — 1 case
In Re Ap, 770 N.W.2d 403 (Mich. Ct. App. 2009).
“1011 presiding over a juvenile case has jurisdiction to address related actions under the CCA consistent with MCL 600.1021 and MCL 600.1023, as well as local court rules.”
— Mich. Comp. Laws § 600.1021(a)(i) — 1 case
— Mich. Comp. Laws § 600.1021(l)(a) — 1 case
Souden v. Souden, 844 N.W.2d 151 (Mich. Ct. App. 2013).
“MCL 600.1021(l)(a). The ability to enforce an attorney’s charging lien is ancillary to a trial court’s exercise of jurisdiction over the cases before it.”
— Mich. Comp. Laws § 600.1021(l)(e) — 1 case
People v. Tennyson, 790 N.W.2d 354 (Mich. 2010).
“3 According to Random House Webster’s College Dictionary (2d ed), “tend” means in relevant part: 2 The statutory language has been altered to reflect the transfer of jurisdiction from the probate court to the family division of circuit court.”
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