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Family Law Appeals
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Probate Court Properly Delayed Petitioner’s Payment Of Filing Fees
Speaker Law Firm 12/22/21 Speaker Law Firm 12/22/21

Probate Court Properly Delayed Petitioner’s Payment Of Filing Fees

The probate court had jurisdiction to order the payment of those fees at the end of the proceedings, the Michigan Court of Appeals has ruled.

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Mother Not In Contempt: Appeals Court Nixes Order To Pay Reunification Costs
Speaker Law Firm 12/15/21 Speaker Law Firm 12/15/21

Mother Not In Contempt: Appeals Court Nixes Order To Pay Reunification Costs

The trial court improperly held the plaintiff-mother in civil and criminal contempt, the Michigan COA has ruled, reversing an order that she pay 100 percent of parental reunification costs.

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Trial Court Properly Reviewed & Modified Custody Of Children
Speaker Law Firm 12/8/21 Speaker Law Firm 12/8/21

Trial Court Properly Reviewed & Modified Custody Of Children

The trial court properly awarded a father sole physical custody of his minor children, because there were legitimate concerns regarding the children’s medical care and parenting-time exchanges.

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Law Firm May Collect Unpaid Fees Based On Contract Provision
Speaker Law Firm 11/24/21 Speaker Law Firm 11/24/21

Law Firm May Collect Unpaid Fees Based On Contract Provision

A trial court properly awarded the plaintiff-attorney more than $78,000 in legal fees for representing herself and her law firm in litigation with a former client.

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Appeals Court Strikes Down Parts Of Michigan’s Ballot Drive Law
Speaker Law Firm 11/17/21 Speaker Law Firm 11/17/21

Appeals Court Strikes Down Parts Of Michigan’s Ballot Drive Law

The Michigan Court of Appeals has declared unconstitutional several portions of 2018 PA 608, the state’s ballot drive law.

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Statute Authorizing Imposition Of Court Costs Is Constitutional
Speaker Law Firm 11/10/21 Speaker Law Firm 11/10/21

Statute Authorizing Imposition Of Court Costs Is Constitutional

The defendant didn’t demonstrate that MCL 769.1k(1)(b)(iii) is unconstitutional on due process or separation of powers grounds.

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Plaintiff’s Fraud Did Not Necessitate ROPA Judgment Being Vacated
Speaker Law Firm 11/3/21 Speaker Law Firm 11/3/21

Plaintiff’s Fraud Did Not Necessitate ROPA Judgment Being Vacated

The trial court in this disputed parentage case properly held that, in light of its finding that the plaintiff had committed fraud on the court.

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Trial Court Wrongly Ordered Removal Of Child
Speaker Law Firm 10/27/21 Speaker Law Firm 10/27/21

Trial Court Wrongly Ordered Removal Of Child

A trial court’s order authorizing removal of the respondent’s minor child must be vacated, the Michigan Court of Appeals has ruled.

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Insufficient Evidence For DHHS To Take Jurisdiction Over Child
Speaker Law Firm 10/20/21 Speaker Law Firm 10/20/21

Insufficient Evidence For DHHS To Take Jurisdiction Over Child

The trial court properly denied DHHS’ petition to take jurisdiction over the respondent’s child because the statutory grounds for doing so were not established.

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Statements To Probate Court Were Privileged, Tort Lawsuit Dismissed
Speaker Law Firm 10/13/21 Speaker Law Firm 10/13/21

Statements To Probate Court Were Privileged, Tort Lawsuit Dismissed

The defendants were properly granted summary disposition, because they were governmental employees who were entitled to quasi-judicial immunity.

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Second Appeal: Mom Properly Awarded Sole Physical Custody Of Children
Speaker Law Firm 10/6/21 Speaker Law Firm 10/6/21

Second Appeal: Mom Properly Awarded Sole Physical Custody Of Children

The trial court properly modified the original custody order in this case to award the plaintiff-mother sole physical custody of the parties’ minor children.

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Court Of Appeals OKs Destruction Of Dogs In Horse Attack
Speaker Law Firm 9/29/21 Speaker Law Firm 9/29/21

Court Of Appeals OKs Destruction Of Dogs In Horse Attack

The Michigan Court of Appeals has affirmed the death sentence for two bulldogs that allegedly attacked a horse in Presque Isle County.

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Michigan Catholic School’s Request To End Mask Mandate Continues In Federal Courts
Speaker Law Firm 9/22/21 Speaker Law Firm 9/22/21

Michigan Catholic School’s Request To End Mask Mandate Continues In Federal Courts

A Catholic school’s request to stop the enforcement of a mask mandate is currently in limbo, after a federal district court judge recently denied the school’s plea for a second time.

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Appeals Court: Divorce Complaint Is Custody Petition Under Safe Delivery Law
Speaker Law Firm 9/15/21 Speaker Law Firm 9/15/21

Appeals Court: Divorce Complaint Is Custody Petition Under Safe Delivery Law

The petitioner’s parental rights as a non-surrendering parent under the Safe Delivery of Newborns Law because the petitioner’s divorce complaint constituted a timely petition for custody.

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MSC Justices: Parents In Contested Guardianships Need Access To Court-Appointed Counsel
Speaker Law Firm 9/8/21 Speaker Law Firm 9/8/21

MSC Justices: Parents In Contested Guardianships Need Access To Court-Appointed Counsel

The Michigan Supreme Court has let stand an appeals court decision holding that a grandmother should not have been appointed full guardian of her grandchildren.

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Appeals Court Vacates Sole Legal Custody To Father
Speaker Law Firm 8/25/21 Speaker Law Firm 8/25/21

Appeals Court Vacates Sole Legal Custody To Father

A trial court erred by granting a father sole legal custody of the parties’ minor children, because the evidence showed the parties were able to cooperate and make important decisions.

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MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’
Speaker Law Firm 8/18/21 Speaker Law Firm 8/18/21

MSC: Lawyer’s Remarks Before Mediation Are ‘Confidential Communications’

An attorney’s alleged defamatory statements to another lawyer while waiting for a court-ordered mediation conference to begin were confidential mediation communications.

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Trial Court Applied Incorrect Case Precedent To Reduce Spousal Support
Speaker Law Firm 8/11/21 Speaker Law Firm 8/11/21

Trial Court Applied Incorrect Case Precedent To Reduce Spousal Support

In this spousal support case, the trial court relied on the wrong legal framework to reduce the defendant’s support obligation.

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