Compliance with the Stay Home Stay Safe Order All Family Law Section members should have access to the summary, as well as the full text, of Governor Whitmer's "Stay Home, Stay Safe" order, 2020-20, issued March 23, 2020. Links to both are included below: Link to full text
Link to summary The provisions are effective at 12:01 a.m. on Tuesday, March 24. With regard to the effect on parenting time orders, this Executive Order is consistent with the prior Supreme Court Statement that parents are obligated to continue to follow their orders. Governor Whitmer has ordered that transporting children for parenting time exchanges to comply with court orders or agreements is an exception to the "Stay Home" mandate. Please urge your clients to continue to comply with court orders, or secure agreement with the other parent if there is actual COVID-19 in one home, but not the other, or specific facts in your case warrant such an agreement. Increased use of telephone and video communication should be strongly encouraged as part of the agreement where a child is not able to continue parenting time. The provision of make-up parenting time should also be assured if parenting time cannot continue pursuant to the order. A draft letter to clients, provided by Richard Roane, Warner, Norcross + Judd, is available here (Word format) and repeated at the end of this message. Check your local courts' websites and the most recent Family Law Journal for instructions to join the listserv. Both will help you stay up to date on best practices specifically applicable to your clients/cases. Liz Bransdorfer
Chair, Family Law Section Mark Bank
Chapter President, AAML, Michigan Chapter
Dear Client, Today, Governor Whitmer issued Executive Order 2020-21 (COVID-19) which requires all non-essential workers as defined in the order, to Stay Home Stay Safe for the next three weeks at least, starting at midnight on March 23, 2020. The order provides a list of exceptions to the rules including addressing compliance with custody orders. Section 7(b)(4) states: "Individuals may also travel: - To return to a home or place of residence from outside this state.
- To leave this state for a home or residence elsewhere.
- To travel between two residences in this state.
- As required by law enforcement or a court order, including the transportation of children pursuant to a custody agreement."
Further, last week on March 16, the Michigan State Supreme Court issued a Statement on Matters Concerning Children which provides in pertinent part: "The Supreme Court wants to remind parents that all court orders for a child's custody, parenting time and support are still in force. Only a new court order can change that. Parents should continue to follow their court orders." When reading the Governor's Stay Home Stay Safe Executive Order together with the Michigan Supreme Court's Statement on Matters Concerning Children, all parties should comply with all existing custody, parenting time, and support orders unless and until they are changed. The Governor's Stay Home Stay Safe Order does NOT prohibit parents from transporting their children to the other parties' residences to comply with custody and parenting time orders and agreements. We are advising our clients to comply with all custody, parenting time, and support orders and to carry a copy of the relevant custody or parenting time order or agreement with them at all times while transporting children to show to any law enforcement officer who may inquire as to why that party is not at home. As always, if you have any questions, please call us to discuss your particular situation. While our offices may be temporarily closed, we are virtually open for business to serve your needs and answer your questions. Stay safe. Sincerely, | 
