Rule 3.205.Prior and Subsequent Orders and Judgments Affecting Minors

Subchapter 3.200 — Domestic Relations Actions · Last verified September 5, 2026

In one sentenceMCR 3.205 governs what happens when a second Michigan court takes up a matter affecting a minor who is already under another court's continuing jurisdiction, requiring notice to the prior court, respect for its standing orders, and cooperation between the officials of both courts.

Full Text of Rule 3.205

Text sizeJump to: (A) (B) (C) (D)

(A) Jurisdiction. If an order or judgment has provided for continuing jurisdiction of a minor and proceedings are commenced in another Michigan court having separate jurisdictional grounds for an action affecting that minor, a waiver or transfer of jurisdiction is not required for the full and valid exercise of jurisdiction by the subsequent court.

(B) Notice to Prior Court, Friend of the Court, Juvenile Officer, and Prosecuting Attorney.

(1) As used in this rule, "appropriate official" means the friend of the court, juvenile officer, or prosecuting attorney, depending on the nature of the prior or subsequent court action and the court involved.

(2) If a minor is known to be subject to the prior continuing jurisdiction of a Michigan court, the plaintiff or other initiating party must send notice of proceedings in the subsequent court to

(a) the clerk or register of the prior court, and

(b) the appropriate official of the prior court.

(3) The notice must be sent at least 21 days before the date set for hearing. If the fact of continuing jurisdiction is not then known, notice must be sent immediately when it becomes known.

(4) The notice requirement of this subrule is not jurisdictional and does not preclude the subsequent court from entering interim orders before the expiration of the 21-day period, if required by the best interests of the minor.

(1) Each provision of a prior order remains in effect until the provision is superseded, changed, or terminated by a subsequent order.

(2) A subsequent court must give due consideration to prior continuing orders of other courts, and may not enter orders contrary to or inconsistent with such orders, except as provided by law.

(D) Duties of Officials of Prior and Subsequent Courts.

(1) Upon receipt of the notice required by subrule (B), the appropriate official of the prior

(a) must provide the subsequent court with copies of all relevant orders then in effect and copies of relevant records and reports, and

(b) may appear in person at proceedings in the subsequent court, as the welfare of the minor and the interests of justice require.

(2) Upon request of the prior court, the appropriate official of the subsequent court

(a) must notify the appropriate official of the prior court of all proceedings in the subsequent court, and

(b) must send copies of all orders entered in the subsequent court to the attention of the clerk or register and the appropriate official of the prior court.

(3) If a circuit court awards custody of a minor pursuant to MCL 722.26b, the clerk of the circuit court must send a copy of the judgment or order of disposition to the probate court that has prior or continuing jurisdiction of the minor as a result of the guardianship proceedings, regardless whether there is a request.

(4) Upon receipt of an order from the subsequent court, the appropriate official of the prior court must take the steps necessary to implement the order in the prior court.

End

Plain-English Summary

MCR 3.205 addresses a recurring problem: one Michigan court already holds continuing jurisdiction over a minor, and a second Michigan court now has its own grounds to act. The rule does not force the courts to choose between themselves. It makes them talk to each other.

No waiver or transfer needed

Subrule (A) removes a procedural obstacle at the outset. If an order or judgment has provided for continuing jurisdiction of a minor, and proceedings begin in another Michigan court that has separate jurisdictional grounds for an action affecting that minor, no waiver or transfer of jurisdiction is required for the second court to exercise jurisdiction fully and validly.

Notice to the prior court

Subrule (B)(1) supplies the term that carries the rest of the rule. The appropriate official means the friend of the court, the juvenile officer, or the prosecuting attorney, depending on the nature of the prior or subsequent court action and the court involved.

Where a minor is known to be subject to the prior continuing jurisdiction of a Michigan court, subrule (B)(2) requires the plaintiff or other initiating party to send notice of the new proceedings to the clerk or register of the prior court and to that court's appropriate official. Under subrule (B)(3) the notice must go out at least 21 days before the hearing date, and if the continuing jurisdiction is not known by then, notice must be sent immediately once it becomes known.

Subrule (B)(4) keeps that timing from becoming a trap. The notice requirement is not jurisdictional, and it does not stop the second court from entering interim orders before the 21-day period runs if the best interests of the minor require them.

The prior court's orders keep working

Subrule (C)(1) states the default: each provision of a prior order stays in effect until it is superseded, changed, or terminated by a subsequent order. Subrule (C)(2) then constrains the second court. It must give due consideration to the prior continuing orders of other courts, and it may not enter orders contrary to or inconsistent with them except as provided by law.

What the officials must do

On receiving notice, the prior court's appropriate official must give the second court copies of all relevant orders then in effect along with relevant records and reports, and may appear in person in the second court as the welfare of the minor and the interests of justice require.
On request from the prior court, the second court's appropriate official must notify the prior court's appropriate official of all proceedings in the second court, and must send copies of all orders entered there to the attention of the prior court's clerk or register and appropriate official.
Where a circuit court awards custody of a minor under MCL 722.26b, the circuit court clerk must send a copy of the judgment or order of disposition to the probate court holding prior or continuing jurisdiction from guardianship proceedings, whether or not anyone asks.
On receiving an order from the second court, the prior court's appropriate official must take the steps necessary to implement it in the prior court.

Read together, subrules (C) and (D) describe a hierarchy of deference and a duty of housekeeping. The second court proceeds, but with the older record in front of it, and the older court is left in a position to make the new order operate.

Frequently Asked Questions

Does a second Michigan court need a transfer of jurisdiction to act on a minor's case?

No. Subrule (A) provides that where an order or judgment has provided for continuing jurisdiction of a minor and proceedings are commenced in another Michigan court with separate jurisdictional grounds, a waiver or transfer of jurisdiction is not required for the full and valid exercise of jurisdiction by the subsequent court.

Who is the appropriate official under MCR 3.205?

Subrule (B)(1) defines the appropriate official as the friend of the court, juvenile officer, or prosecuting attorney, depending on the nature of the prior or subsequent court action and the court involved.

How far in advance must notice go to the prior court?

Subrule (B)(3) requires the notice at least 21 days before the date set for hearing. If the continuing jurisdiction is not known at that point, the notice must be sent immediately when it becomes known.

What happens if the notice is late or was never sent?

Subrule (B)(4) states that the notice requirement is not jurisdictional and does not preclude the subsequent court from entering interim orders before the 21-day period expires, if the best interests of the minor require it.

Can the new court enter an order that conflicts with the older court's order?

Subrule (C)(2) requires the subsequent court to give due consideration to prior continuing orders of other courts and bars it from entering orders contrary to or inconsistent with those orders, except as provided by law. Under subrule (C)(1), each provision of the prior order remains in effect until superseded, changed, or terminated by a subsequent order.

When does a circuit court clerk send a custody judgment to the probate court?

Subrule (D)(3) requires it when the circuit court awards custody of a minor pursuant to MCL 722.26b. The clerk must send a copy of the judgment or order of disposition to the probate court with prior or continuing jurisdiction from the guardianship proceedings, regardless whether there is a request.

Source & verification. Rule text reproduced verbatim from the Michigan Court Rules, Chapter 3 (Special Proceedings and Actions), as published by the Michigan State Court Administrative Office, current through September 1, 2026. Promulgated by the Supreme Court of Michigan (Mich. Const. 1963, art. VI, § 5). Last verified September 5, 2026. · Official text

Also known as: prior continuing jurisdictionnotice to prior courtappropriate officialjuvenile officersubsequent courtconcurrent jurisdiction minorprior court orders