Plaintiff’s Appeal Limited To Denial Of Attorney Fees
The plaintiff’s appeal is limited to that portion of the trial court’s order denying her request for attorney fees as a sanction, the Michigan Court of Appeals has ruled.
Does An Employee Have A Reasonable Expectation Of Privacy In An Employer-Provided Email?
The plaintiff issued subpoenas to the defendant’s employer seeking email communications that the defendant sent to his attorney via his employer-provided email address.
Evidentiary Hearing Required On Mom’s Motion To Modify Custody
The trial court failed to conduct an evidentiary hearing to determine whether she had established the required proper cause or change in circumstances.
Corporal Punishment Is Domestic Violence, Custody Order Properly Modified
The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children.
Postnuptial Agreement Enforceable, Did Not Violate Public Policy
In this divorce action, the trial court properly held that a postnuptial agreement the parties had entered into did not violate public policy and was enforceable, the Michigan Court of Appeals has ruled.
Trial Court Wrongly Shut Down Attorney Fee Request In Divorce Case
The trial court in this divorce action should not have denied the defendant’s request for attorney fees without conducting a hearing and allowing the defendant to support her request for fees.
Law Firm Is Jointly & Severally Liable For Attorney Fee Sanctions
The trial court also held the defendant’s former legal counsel, the law firm of Neda, Camaj & Fakhouri, PC, jointly and severally liable for the fees. The law firm appealed the ruling.
Ex-Wife Must Repay Ford Motor $243K In Wrongly Distributed Retirement Benefits
An ex-wife must repay Ford Motor Company more than $243,000 that she mistakenly received as part of her ex-husband’s retirement benefits in her divorce.
Trial Court Must Re-Examine Request To Change Child’s School
The Court of Appeals reversed, finding the trial court committed clear legal error when examining MCL 722.23 and applying best-interest factors (f), (g), (i) and (k)
Trial Court Wrongly Denied Motion To Set Aside Divorce Judgment
The trial court should not have denied the defendant’s motion to set aside the parties’ divorce judgment based on alleged fraud.
MSC: Consent Divorce Judgment Preempted By Federal Law
A consent JOD under which the parties agreed that the defendant would pay the plaintiff one-half of his military retirement benefits is preempted by federal law and is unenforceable.
Surviving Spouse Was Not ‘Willfully Absent’ During Divorce Proceedings
A probate judge erroneously applied MCL 700.2801(2)(e)(i) and, as a result, improperly determined that a widow did not qualify as her husband’s surviving spouse for inheritance purposes.
Trial Court Penalized Parent For Working Outside Home: Custody Order Must Be Reassessed
The trial court erroneously discounted the role of the parent who worked outside the home and, improperly ruled that the child only had an ECE with the stay-at-home parent.
Dad’s Use of Corporal Punishment Constituted Domestic Violence: Custody Properly Modified
A father’s use of corporal punishment as a disciplinary method constituted as domestic violence and, as a result, the trial court properly modified custody.
Trial Court Properly Awarded Mom Sole Custody, Continued Dad’s Supervised Visitation
The plaintiff-mother was properly awarded sole custody of the parties’ child and the defendant-father was correctly ordered to continue supervised parenting time.
Vaccination Is In Child’s Best Interests, Rules Michigan Court of Appeals
A trial court properly issued an order requiring that the parties’ child be vaccinated by a pediatrician and for the parties to select a new, mutually agreeable pediatrician for the child.