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Family Law Appeals
Civil Appeals
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Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated
Speaker Law Firm 9/28/22 Speaker Law Firm 9/28/22

Trial Court Errors Were Not Harmless: Adjudication, Termination & Injunctive Orders Vacated

The trial court erroneously admitted an exhibit that contained hearsay and, as a result, the adjudication, termination order and injunctive order must all be vacated.

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DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children
Speaker Law Firm 4/27/22 Speaker Law Firm 4/27/22

DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children

The trial court in this child-protective proceeding correctly placed the mother’s children under its jurisdiction because “some efforts” were made by DHHS to prevent removal of the children.

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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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The Proper Way to Perform a Child Interview During Child Protective Proceedings
Speaker Law Firm 7/19/19 Speaker Law Firm 7/19/19

The Proper Way to Perform a Child Interview During Child Protective Proceedings

The Michigan Supreme Court decided on the propriety of a trial court in conducting an in camera interview of a subject child in the context of child protective proceedings.

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Court of Appeals Holds That Parents Accused of Child Neglect for Failure to Seek Medical Treatment May Assert Statutory Religious Defense
Speaker Law Firm 6/13/18 Speaker Law Firm 6/13/18

Court of Appeals Holds That Parents Accused of Child Neglect for Failure to Seek Medical Treatment May Assert Statutory Religious Defense

The day after the baby was born, the midwife told the parents it was suffering from jaundice. The parents didn’t take the baby to the doctor, electing to pray for the baby’s good health instead.

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Michigan Court Of Appeals: Coercing Child Into Gender Role Is ‘Abuse’
Speaker Law Firm 4/18/18 Speaker Law Firm 4/18/18

Michigan Court Of Appeals: Coercing Child Into Gender Role Is ‘Abuse’

A trial court properly took jurisdiction over a mother’s three children after she allegedly coerced one of them into a gender role with which the child did not identify.

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COA - Can Terminate Rights of Parent When Children Safely Living with Other Parent
Speaker Law Firm 2/21/18 Speaker Law Firm 2/21/18

COA - Can Terminate Rights of Parent When Children Safely Living with Other Parent

The Michigan Court of Appeals reversed and remanded the matter for further proceedings. The Michigan Supreme Court denied the request for leave to appeal by the mother.

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Remand for a Different Jurist due to Repeated Procedural Error
Speaker Law Firm 11/15/17 Speaker Law Firm 11/15/17

Remand for a Different Jurist due to Repeated Procedural Error

For the second time and on identical issues, the matter of In re Jones, Minors, came before the COA on the father’s appeal of a circuit court order terminating his parental rights.

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Stick to the Rules in Child Protective Proceedings
Speaker Law Firm 11/16/16 Speaker Law Firm 11/16/16

Stick to the Rules in Child Protective Proceedings

The Court of Appeals recently reversed a trial court’s decision terminating parental rights based on the lack of jurisdiction and inadmissible evidence during the child protective proceedings.

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The Courts’ Discretion in Parenting Time Decisions Questioned
Speaker Law Firm 11/9/16 Speaker Law Firm 11/9/16

The Courts’ Discretion in Parenting Time Decisions Questioned

In In re Laster, the COA held that termination of parental rights, in the absence of a court rule or statute, the issue of the amount, and conditions of parenting time is left to the sound discretion of the trial court.

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Father ‘Effectively Denied’ Adjudication Trial: Termination of Parental Rights Order Vacated
Speaker Law Firm 3/30/16 Speaker Law Firm 3/30/16

Father ‘Effectively Denied’ Adjudication Trial: Termination of Parental Rights Order Vacated

The Michigan COA has vacated an order terminating a father’s parental rights because the trial court effectively deprived him of an adjudication trial.

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The Court of Appeals Addresses One Parent Doctrine Based on Plea of Nonparent Adult
Speaker Law Firm 3/26/14 Speaker Law Firm 3/26/14

The Court of Appeals Addresses One Parent Doctrine Based on Plea of Nonparent Adult

The Court of Appeals has addressed the one-parent in the context of a plea taken from a nonparent adult, In re Slater/Wiemer, issued March 25, 2014 (Docket 317132).

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