Busy Week for the Child Welfare World
The Court of Appeals published two cases this week in child welfare cases. The first In re Kanjia and the second in In re McCarrick/Lamoreaux.
Spousal Support Obligation can be Partially Based on the Income of a New Spouse
On May 13, 2014, in an unpublished opinion, the Michigan Court of Appeals held that a payor’s spousal support may be increased on the basis of a new spouse’s income. I
When Judges Cannot Follow Court Orders but Want Others to Follow Their Orders
Judges should expect their orders to be followed. So it did not surprise me when I read an article reposted in Michigan Lawyers Weekly (about a Lenawee County Circuit Court Judge who was angry at jurors who did not follow her court order.
Due Process for Enforcing Charging Liens Recorded in Divorce Judgments Does Not Require a Complaint to be Filed, Summons to be Obtained, or Process to be Served
At the end of last year, the COA, clarified the amount of due process required when an attorney seeks enforcement of charging liens secured by a divorce judgment signed by the client debtor.
Juvenile's Truancy Not Willful but Product of Bullying
On April 15, 2014, in a published decision, the Michigan Court of Appeals held that absences attributable to fear of bullying were not “willful” absences under MCL 712A.2(a)(4).
Attorney Sanctioned for Violating Order Before it had Been Entered
On December 10, 2013, in an unpublished opinion, the Michigan Court of Appeals upheld sanctions for the violation of a consent order that was entered after the discovery deadline had already passed.
Termination of Parental Rights Based on Parent as a Domestic Violence Victim
Under In re Plump, 294 Mich App 270, 273; 817 NW2d 119 (2011), a parent’s parental rights cannot “be terminated solely because he or she was a victim of domestic violence.”
No Services Where Termination is the Goal
Call it a pet peeve of mine, but it annoys me when the COA miscites case law. Too many times, the COA miscites In re HRC for the proposition that services are not required if termination is the goal.
Being a “Smart Aleck” Does Not Form the Basis for Contempt and the First Amendment May Impose Limits on Criminal Contempt Convictions
The COA issued People v Lubkin, an unpublished decision vacating a trial court’s conviction of Attorney Lubkin for criminal contempt. In accordance with prior plans, on April 12, 2012, Attorney Lubkin and a client had lunch at a restaurant.
The Court of Appeals Addresses One Parent Doctrine Based on Plea of Nonparent Adult
The Court of Appeals has addressed the one-parent in the context of a plea taken from a nonparent adult, In re Slater/Wiemer, issued March 25, 2014 (Docket 317132).
COA Denies Appeal Because Parent Raised Same Challenge in Prior Appeal From Different Order
What I found striking about the decision is that the COA held in this appeal by right that the issue was barred by the COA’s previous denial of a delayed application from a different order relating to the juvenile guardianship.
The COA Issues Perplexing Published Decision in Revocation of Paternity Act Case
Basically, the majority says that there is not best interests analysis when there is a revocation of an acknowledgement of paternity, relying on Moiles.
Trustee’s Negligence Does Not Change the Necessary Nature of Legal Assistance in Estate Administration
The COA upheld a probate court’s order that approved as reasonable and necessary legal fees billed by a law firm that had been retained by a former trustee, even though the fees were partly due to the trustee's negligence.
Dirty Hotel Loses Appeal Against TripAdvisor
The Sixth Circuit Court of Appeals affirmed the District Court’s ruling that the statements made online were not actually facts, because they were “loose, figurative or hyperbolic language.”
COA Remands Termination Case Due to Incomplete Findings as to Which Person Abused Child
The Court of Appeals in an unpublished per curiam opinion reversed and remanded the Circuit Court order in a termination of parental right case.
Myspace May Still be Somewhat Relevant
The case of People v Prentice provides some relevancy to Myspace. On June 19, 2010 a 15 year old victim and two other minors, including defendant’s son, ended up spending the night at the defendant’s house.
Lower Court's Register of Actions Vexes the Court of Appeals
Appellate attorneys frequently wrestle with the lower courts register of actions. Sometimes it answers your questions, sometimes it raises more.
Officer Denied Qualified Immunity for Arrest Made in Operating While Intoxicated Case
The 6th Circuit Court of Appeals affirmed the ruling of the District Court that an officer is not entitled to qualified governmental immunity and denied the defendant’s motion for summary judgment.