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Posted: Apr 24, 2019, 9:15 AM
In this custody/change of domicile appeal, 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 with their father to Indiana, the Michigan Court of Appeals has ruled.
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Posted: Apr 17, 2019, 2:45 PM
In this action involving a mother’s motion to relocate the parties’ child to Sault Ste. Marie, the trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment, the Michigan Court of Appeals has ruled.
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Posted: Apr 3, 2019, 9:10 AM
When issuing its custody order, the trial court improperly refused to consider new evidence about the minor child’s speech development and, as a result, the custody order must be vacated and the case remanded for a de novo hearing, the Michigan Court of Appeals has ruled.
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Posted: Jan 30, 2019, 2:20 PM
The evidence in a custody action demonstrated that a change in circumstances had occurred and, therefore, the trial court wrongly denied a mother’s motion to modify a custody order, the Michigan Court of Appeals has ruled, instructing the trial court to analyze the best interest factors on remand.
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Posted: Jun 19, 2018, 3:30 PM
Livingston County District Court Judge Theresa Brennan is no longer hearing cases amid the release of an explosive misconduct complaint from the Judicial Tenure Commission. The Judicial Tenure Commission (JTC) is the agency that holds state judges, magistrates and court referees accountable for alleged misconduct.
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Posted: Oct 26, 2017, 2:00 PM
The International Child Abduction Remedies Act and the Hague Convention are both in place to ensure that one parent is unable to abduct the children from the other parent, alienating them from their children. Ahmed v Ahmed, 867 F3d 682 (2017), is a case looking at both of these laws. The father seeks to have his children returned to the United Kingdom from the United States. For the father to obtain a remedy both countries must be part of the Hague Convention–and they are. Then under the Hague Convention there are two methods to determine the child’s proper habitual residence.
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Posted: Aug 2, 2017, 3:55 PM
The Michigan Court of Appeals, in Hund v Hund, No.334313, a divided opinion, affirmed a lower court order that denied defendant-mother’s request to change the legal residence of the child, OMH, to Canada while granting plaintiff-father’s motion for primary physical custody. The dissenting opinion, written by Hon. Michael Gadola, argued that a change of domicile to Canada was warranted and that the lower court abused its discretion by granting the father’s motion for change of custody.
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Posted: Mar 10, 2017, 10:00 AM
Speaker Law Firm received its second published opinion of the week
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Posted: May 4, 2016, 11:00 AM
In Teruya v Burgan, Docket No. 325126, issued April 7, 2016, a Michigan mother and Californian father of three children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time and the father filed a complaint for paternity in Wayne Circuit Court.
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Posted: Apr 25, 2016, 11:10 AM
An ex-wife who filed a motion to modify a custody order was not entitled to attorney fees associated with the motion, because she was able to pay her own fees and the fees were not the result of her ex-husband’s failure to obey a court order, the Michigan Court of Appeals has ruled.
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Posted: Apr 19, 2016, 1:35 PM
The Michigan Court of Appeals has peremptorily vacated a trial court order that denied a mother’s motion to transfer a child-custody case from Michigan to Idaho.
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Posted: Aug 20, 2015, 5:15 PM
Two days ago, the Court of Appeals released a lengthy published opinion in Riemer v Johnson, __ Mich App __; __ NW2d __ (August 18, 2015), that addressed many issues including custody, parenting time, child support, and attorney's fees.
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Posted: Jan 24, 2013, 9:00 PM
Same-sex marriages and adoptions continue to reach the Michigan appellate courts. A parent in a former same-sex relationship challenged the other parent’s custodial rights by arguing that the probate court who granted the adoption lacked subject matter jurisdiction because it was same-sex adoption.
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Posted: Dec 13, 2011, 9:00 AM
From Kessler v Kessler, 295 Mich App 54 (2011).
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Posted: Aug 14, 2009, 4:10 PM
In Vanderark v Vanderark, the Court of Appeals concluded the the trial court erroneously held that the plaintiff was the equitable parent of a minor child born to plaintiff's wife during the marriage. Plaintiff and Defendant married in 2002, but defendant began an affair in 2007. During the course of the affair, defendant conceived a child with her lover and the record showed that she never told plaintiff (her husband) that he was the child's father or that there was any uncertainty regarding the child's paternity.
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Posted: Jan 25, 2008, 5:10 PM
In Surman v. Surman, the trial court allowed a 12-year-old boy to testify in open court during a custody trial regarding what type of abuse had occurred between the child and his father.
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