Trial Court Failed To Consider Divorcing Parties’ Valid Prenup Before Dividing Their Property
The trial court in this divorce case erroneously disregarded the parties’ valid and enforceable prenuptial agreement before dividing their marital property due to perceived inequities, the Michigan Court of Appeals has ruled.
Purported ‘Clarification’ Of Divorce Judgment Vacated Because Trial Court ‘Changed’ Its Prior Ruling
The Michigan Court of Appeals has ruled the Oakland County trial court improperly granted an ex-husband’s motion to “clarify” the parties’ judgment of divorce because, in doing so, the trial court actually modified the judgment, thereby affecting the parties’ substantive rights.
MSC Will Not Hear Frozen Embryo Case, Justice Urges Legislature To Take Action
The Michigan Supreme Court will not decide a dispute over a divorced couple’s cryogenically frozen embryo, saying it was “not persuaded” the justices should review the issues presented.
‘Flawed’ Trial Court Analysis Mandates Reversal Of Parental Rights Termination Order
An order terminating the respondent-mother’s parental rights at the initial dispositional hearing must be reversed because the trial court’s analysis was “flawed,” the Michigan Court of Appeals has ruled.
100-Mile Rule ‘Procedural Misstep’ Requires Remand, Re-Evaluation
In denying a divorced mother’s request for a change of domicile for herself and the parties’ children, the trial court made a “procedural misstep” by not properly addressing the 100-mile rule.
Divorce Judgment Challenge Properly Dismissed For Lack Of Jurisdiction
In this suit contesting the validity of a divorce judgment, the trial court correctly held that it did not have subject-matter jurisdiction and, as a result, properly granted the defendant’s motion for summary disposition, the Michigan Court of Appeals has ruled.
Trial Court Correctly Disallowed Postjudgment Motion To Revoke Paternity
The trial court properly denied the plaintiff’s postjudgment motion to revoke paternity under the Revocation of Paternity Act (ROPA), the Michigan Court of Appeals has ruled.
Evidentiary Hearing Should’ve Been Held In Custody Modification Case
The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.
Appeals Court: Joint Legal Custody Award ‘Against Great Weight Of Evidence’
The trial court’s decision to award a father joint legal custody must be vacated because the ruling was “against the great weight of the evidence”.
Trial Court Made Various Discovery Errors In Adoption Case
The trial court’s decision to deny the plaintiffs’ adoption petitions must be vacated and the case remanded because the trial court made several errors during discovery.
Appeals Court Vacates, Remands Various Orders In Divorce Case
The defendant is entitled to relief, the Michigan Court of Appeals has ruled, because the trial court erred in several respects.
Case Remanded Second Time For Required Spousal Support Findings
The trial court in this divorce action failed – for the second time – to make the required findings on certain spousal support factors.
Father’s Supervised Parenting Time Improperly Suspended
The trial court erroneously suspended the plaintiff-father’s supervised parenting time, the Michigan Court of Appeals has ruled.
Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order
The trial court’s amended order didn’t correct the clerical error under MCR 2.612(A)(1) because the correction “substantially changed” the initial order.
Incarcerated Father’s Parental Rights Wrongly Terminated For Stepparent Adoption
Respondent-father had the ability to provide “consistent support though not ample support” for his children while he was incarcerated but did not do so.
MSC Declares ‘In Re Holbrook’ Moot, Justices Call For Legislative Reform
The case of In re Holbrook, Minor - which involves alleged parental neglect and the statutory grounds for taking jurisdiction over a minor child - is moot.