Appeals Court Denies Request to Vacate Published Opinion on Domestic Relations Attorney Fee Order
A trial court’s postjudgment order awarding attorney fees under MCR 3.206 for the defendant’s alleged noncompliance with an order in her divorce case “constitutes a form of compensatory civil contempt” and “is not a final order appealable of right,” the Michigan Court of Appeals has ruled, dismissing the defendant’s appeal.
MSC Holds Child Custody Order Not Dispositive of Child's Domicile for No-Fault Actions, Overruling Grange
A custody order does not determine a child’s domicile for purposes of the no-fault act. As the domicile rule set forth in Grange Ins Co of Mich v Lawrence, 494 Mich 475 (2013) requires courts to treat child custody orders as dispositive of the question of domicile, Grange is overruled.
Michigan Supreme Court Raises Questions For Supplemental Briefing In Termination Of Parental Rights Case
Previously, the Court of Appeals found plain error after the Trial Court held that Respondent-Mother was not entitled to reasonable efforts to reunify her with her children and when it failed to inform Respondent-Mother of her right to appeal the Trial Court’s removal of the children from her care.
MSC: Trial Court Must Determine Whether Child Jurisdiction Case Is Moot
The Michigan Supreme Court has remanded the case of In re Holbrook, Minor for a hearing to determine whether the case has become moot.
Justices To Examine Whether COA Correctly Decided In re Hockett, Minor
Hockett, a published and binding opinion from Oct. 2021, concerns whether a trial court had sufficient statutory grounds to exercise jurisdiction over a minor child who has mental health issues.
MSC To Address Whether Trial Court Properly Took Jurisdiction Over Child
The MI SCT is set to hear oral arguments on the application to appeal the decision in In re Holbrook, Minor, a case involving statutory grounds for a trial court to take jurisdiction over a minor.
MSC Justices: Parents In Contested Guardianships Need Access To Court-Appointed Counsel
The Michigan Supreme Court has let stand an appeals court decision holding that a grandmother should not have been appointed full guardian of her grandchildren.
Mediator Didn’t Ask About Domestic Violence: Is Divorce Settlement Negated?
A Michigan trial court has been instructed to scrutinize whether a divorce settlement is unenforceable because the mediator in the case did not conduct the domestic violence screening.