Void order

[wwdovew]

What is the name of your state (only U.S. law)? Michigan

In Michigan a referee may not sign orders. In this case the referee signed the first 2 or 3 orders. When the judge took over, the judge refered to the referee's order and that it would continue. The referee also had no oath of office.

According to law, this would make the case void ab initio. This took place in Circuit Court. Where does one go to get validation of the void order and the case reversed due to the void order?

It is not the same circuit court, not the appeals court. So is it the Supreme Court or the Federal District Court?

Thank you.
confused

 

[seniorjudge]

What is the statute number that says that a referee cannot sign orders?

If the judge validated the order, that should've made it legal.

 

[quincy]

wwdovew -

You are right that referees cannot sign an order in Michigan. The referee will make a recommendation to the court and the court can choose to follow the referee's recommendation or not.

State law requires that the referee's written report and recommendations be given to each party and their attorneys before the judge takes action on the recommendations. If either party disagrees with the referee's findings, the party MUST, in writing, request a hearing before the judge to dispute the findings.

The party disputing the referee's recommendations has 21 days after receiving the referee's written report and recommendation to send a written request for a hearing before the judge to the Friend of the Court. The Friend of the Court will provide the party with the address where this written request must be sent (and the attorney should have this address, as well).

IF NEITHER PARTY FILES AN OBJECTION, the referee's findings and recommendations become an order of the court.

 

[wwdovew]

Void Order

http://courts.michigan.gov/mji/resources/cppbook/Chap_15_Referee.pdf

Gives information about referee's authority.

How would a judge "validate" an court order other than with a signature? Since there is no order with the judge's signature, and only the referee's signature on file with the clerk or sent to the parties, where would one look for a judicial validation?

In a letter to me by the chief judge, it is stated "Referees work under the authority and direction of judges and typically make recommendations to the judge who then signs the order".
The signature line on the order has written under it - judge/referee, and the judge is crossed out.

Therefore, I believe that the case is void ab initio. But I do not know where to go to get a validation of that.

This is a case regarding my granddaughter, who was removed from me. I raised her 24/7from birth with my daughter's permission. She had to be removed from me in order to start parental termination. A child cannot be living with a relative and parental termination take place. She was highly adoptable and would bring the most funding from the Social Security Title IV E. Abuse/neglect were never even mentioned in her removal. They just did it. The state children's ombudsman investigated the case and could find no reason for the removal.

There is also Michigan case law that states when a parent gives a relative permission to care for a child and that relative is willing and able, that the state has no interest in the situation and there need be no written agreement of that situation.

 

[quincy]

Was the referee's recommendation disputed, in writing, within 21 days of receipt of the recommendation?

If not, it automatically becomes a court order.

 

[wwdovew]

void order

court appointed attorneys do not tell you that you have this 21 day right to dispute -

but that is not the issue, that is over and done and would be a long difficult road to challenge what the attorney did or did not do, but**************...

the issue is that a judge never signed the court order, the referee did and in Michigan that is a void order "ab initio" **************.....

what I want to know is which court is the best court to go to for getting the void order validated?? Would it be a motion before the COA or SC?