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The Restriction Agreement Was Not an Illegal Restraint on Alienation
Speaker Law Firm 7/5/23 Speaker Law Firm 7/5/23

The Restriction Agreement Was Not an Illegal Restraint on Alienation

The Restriction Agreement, which established specific terms for the signing parties to exercise a purchase option at the other parties’ death, was not an illegal restraint on alienation.

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Trial Court Applied Incorrect Standard To Child Support Modification Request
Speaker Law Firm 6/28/23 Speaker Law Firm 6/28/23

Trial Court Applied Incorrect Standard To Child Support Modification Request

The trial court erroneously applied a change-of-circumstances standard to the Friend of the Court’s petition to modify child support, the Michigan Court of Appeals has ruled.

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Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
Speaker Law Firm 6/23/23 Speaker Law Firm 6/23/23

Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial

The trial court erred in granting the respondent a directed verdict during a child protective proceeding bench trial because the court rules limit directed verdicts to jury trials

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Trial Court Improperly Excluded Recorded Interviews With Children
Speaker Law Firm 6/21/23 Speaker Law Firm 6/21/23

Trial Court Improperly Excluded Recorded Interviews With Children

The trial court erroneously refused to view and admit video-recorded forensic interviews with the children, who were allegedly abused by their father, the Michigan COA has ruled.

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The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
Speaker Law Firm 6/15/23 Speaker Law Firm 6/15/23

The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote

ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.

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Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
Speaker Law Firm 6/14/23 Speaker Law Firm 6/14/23

Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated

The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.

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Appeals Court: Plaintiff’s Legal Malpractice Claim Was Wrongly Dismissed
Speaker Law Firm 6/7/23 Speaker Law Firm 6/7/23

Appeals Court: Plaintiff’s Legal Malpractice Claim Was Wrongly Dismissed

The trial court improperly interpreted the terms of the parties’ agreement and, as a result, the plaintiff’s malpractice suit was improperly dismissed, the Michigan COA has ruled.

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‘Fear Alone’ Not Enough To ContinuePersonal Protection Order
Speaker Law Firm 5/24/23 Speaker Law Firm 5/24/23

‘Fear Alone’ Not Enough To ContinuePersonal Protection Order

The trial court wrongly denied the respondent’s motion to terminate a PPO entered against him because “fear alone” is insufficient to justify continuing a PPO, the Michigan COA has ruled.

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The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
Speaker Law Firm 5/22/23 Speaker Law Firm 5/22/23

The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights

DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.

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Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue
Speaker Law Firm 5/17/23 Speaker Law Firm 5/17/23

Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue

In this divorce action, the COA affirmed the discovery sanctions that were imposed but remanded the case for the trial court to address various marital asset issues.

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Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
Speaker Law Firm 5/12/23 Speaker Law Firm 5/12/23

Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible

The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.

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Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal
Speaker Law Firm 5/10/23 Speaker Law Firm 5/10/23

Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal

The order from which the respondent appealed in this termination of parental rights case was not a “final order” pursuant to the court rules, a Michigan Court of Appeals majority has decided.

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Trial Court Erred By Not Stating ‘Specific Reasons’ For Denying PPO
Speaker Law Firm 5/3/23 Speaker Law Firm 5/3/23

Trial Court Erred By Not Stating ‘Specific Reasons’ For Denying PPO

Trial court didn’t comply with the statutory requirements for denying an ex parte PPO by “merely concluding” that the allegations were “insufficient” for relief, the Michigan COA has ruled.

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Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time
Speaker Law Firm 4/26/23 Speaker Law Firm 4/26/23

Trial Court Improperly Imposed Restrictions On Dad’s Parenting Time

The trial court in this case wrongly imposed restrictions on a father’s parenting time of his three minor children, the Michigan Court of Appeals has ruled.

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A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest
Speaker Law Firm 4/21/23 Speaker Law Firm 4/21/23

A Father’s Right to Control Custody and Care of His Child Must Yield, at Least Temporarily, to the State’s Interest

A father’s right to control the custody and care of his child must yield, to the state’s interest in preventing upheaval for the child who had been in care with the same foster family for nearly 2 years.

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Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’
Speaker Law Firm 4/19/23 Speaker Law Firm 4/19/23

Dissent: Terminating Parental Rights Was ‘Punitive’ And Not In ‘Anyone’s Best Interests’

The trial court correctly held that the minor children in this case would be harmed if returned to their mother’s care and, as a result, properly terminated her parental rights.

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Rule Changes Coming In Termination Of Parental Rights Cases
Speaker Law Firm 4/12/23 Speaker Law Firm 4/12/23

Rule Changes Coming In Termination Of Parental Rights Cases

The Michigan Supreme Court has adopted amendments to various Michigan Court Rules (MCR) that apply to termination of parental rights cases.

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Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations
Speaker Law Firm 4/5/23 Speaker Law Firm 4/5/23

Appeals Court: Father Did Not ‘Forfeit’ His Objections To FOC Recommendations

The trial court improperly held that the plaintiff forfeited his objections to the FOC referee’s recommendations and went ahead and adopted the referee’s recommendations.

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