The trial court erroneously referred this custody case to the Friend of the Court without first determining whether there was proper cause or a change in circumstances that necessitated a review of custody and parenting time, the Michigan Court of Appeals has ruled.

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.

A trial court erroneously treated a father’s motion to designate a school for his child as a motion for change of physical custody.