Plaintiff Cannot Pursue Fraud, Unjust Enrichment Claims Against Ex-Girlfriend
Trial court ruled that plaintiff didn’t have an interest in the home purchased by the defendant and the defendant’s inheritance, the Michigan Court of Appeals has ruled.
Trial Court Improperly Relied on the Consequences of a Parent’s Voluntary Change of Custody
The trial court improperly relied on the consequences of a parent’s voluntary change of custody as being sufficient to constitute proper cause or a change of circumstances to order a change of custody.
Trial Court ‘Prematurely’ Ordered Retroactive Modification Of Child Support
The trial court should have completed an evidentiary hearing before ordering a retroactive modification of the plaintiff’s child-support obligation, the Michigan Court of Appeals has ruled.
Appeals Court: Non-Resident May Seek Parental Consent Waiver To Abortion In Michigan
A trial court improperly held that it did not have jurisdiction over a petition for a waiver of parental consent to an abortion, the Michigan Court of Appeals has ruled in a published order.
Trial Court Committed Clear Legal Error by Failing to Hold a Live Hearing Where the Plaintiff Would Have the Right to Present Evidence
The trial court committed clear legal error by failing to hold a live hearing where the plaintiff would have the right to present evidence, subject to certain restrictions permitted by the court rules.
Divorced Mother Not Required To Split Child’s SSI Benefits With Ex-Husband
A divorced mother was improperly ordered to direct half of her developmentally disabled child’s government benefits to her ex-husband, who is the child’s father.
Trial Court Wrongly Modified Divorced Parties’ Custody Order
An award of sole legal custody to the father of the parties’ minor child must be reversed, because the trial court did not exercise “a proper degree of caution”.
Trial Court Correctly Denied the Defendant’s Motion to Change Domicile to a Foreign County
Defendant’s motion to change domicile to a foreign county would alter the established custodial environment with one parent and is not in the best interests of the child.
Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm
The case involves the grave risk of physical harm exception to a child’s wrongful removal from their country of habitual residence.
Appeals Court: Right Of Discovery Is Not Limited In Adoption Proceedings
The trial court in this adoption case improperly denied the petitioners’ motion for discovery and wrongly quashed subpoenas that were issued to the DHHS and Bethany Christian Services.
Appeals Court Refuses To Create New Concept Of “Equitable Marriage”
The plaintiff in this child-custody case is not a “natural parent” under the equitable parent doctrine and did not establish the necessary elements for third-person standing under the Child Custody Act.
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.
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.
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.
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.
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.