On Remand From MSC, Appeals Court Vacates Erroneous Child Domicile Analysis
The Michigan Court of Appeals, in a custody case on remand from the Michigan Supreme Court, has ruled that a portion of its original opinion “erroneously instructed the trial court to apply MCL 722.31 to determine the child’s domicile.”
‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.
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.
Appeals Court: Evidence Did Not Support Dad Moving To Texas With Children
Trial court erroneously granted a father’s motion to move to TX with children because, there was insufficient evidence the children’s lives would be improved by relocating.
Child Custody Act Misinterpreted, Father’s Change Of Domicile Motion Wrongly Denied
The trial court committed “clear legal error” by considering whether the children’s mother would be able to maintain her existing parenting-time schedule if the children moved to IN.
Court of Appeal issues published domicile decision in Kessler v Kessler
From Kessler v Kessler, 295 Mich App 54 (2011), the Court held that the lower court was not obligated to consider the change of domicile factors.