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Court of Appeals: Michigan Did Not Have Jurisdiction Under UCCJEA to Hear Custody Case
Speaker Law Firm 4/13/16 Speaker Law Firm 4/13/16

Court of Appeals: Michigan Did Not Have Jurisdiction Under UCCJEA to Hear Custody Case

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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Trial Courts Must Now Use Specific Language When Finalizing Adoptions
Speaker Law Firm 4/6/16 Speaker Law Firm 4/6/16

Trial Courts Must Now Use Specific Language When Finalizing Adoptions

The Michigan SCT has directed that, when finalizing adoptions, trial courts must use specific language on the record, indicating that no appeal is pending in the underlying TPR case.

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Appeals Court: Combining Arbitration Claims is Up to Arbitrator, Not Trial Court
Speaker Law Firm 4/1/16 Speaker Law Firm 4/1/16

Appeals Court: Combining Arbitration Claims is Up to Arbitrator, Not Trial Court

Whether to consolidate multiple arbitration claims is a decision for the arbitrator, not the trial court, unless the arbitration agreement specifically addresses the issue.

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Father ‘Effectively Denied’ Adjudication Trial: Termination of Parental Rights Order Vacated
Speaker Law Firm 3/30/16 Speaker Law Firm 3/30/16

Father ‘Effectively Denied’ Adjudication Trial: Termination of Parental Rights Order Vacated

The Michigan COA has vacated an order terminating a father’s parental rights because the trial court effectively deprived him of an adjudication trial.

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Parent with Joint Legal Custody Wrongly Held in Criminal Contempt for Child’s “Secret” Baptism
Speaker Law Firm 3/23/16 Speaker Law Firm 3/23/16

Parent with Joint Legal Custody Wrongly Held in Criminal Contempt for Child’s “Secret” Baptism

An ex-wife should not have been held in criminal contempt for having the parties’ child baptized without first consulting her ex-husband, the Michigan Court of Appeals has ruled.

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Michigan Supreme Court Vacates Order Terminating Mother’s Parental Rights
Speaker Law Firm 3/16/16 Speaker Law Firm 3/16/16

Michigan Supreme Court Vacates Order Terminating Mother’s Parental Rights

The Michigan Supreme Court has peremptorily vacated the termination of a mother’s parental rights, as well as the Michigan Court of Appeals decision upholding that termination.

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The ‘Allard’ Enchilada: Antenuptial Agreements, Marital Assets, Income, and LLCs
Speaker Law Firm 3/9/16 Speaker Law Firm 3/9/16

The ‘Allard’ Enchilada: Antenuptial Agreements, Marital Assets, Income, and LLCs

The Michigan SCT is poised to decide the effect, if any, that MCL 552.23 and MCL 552.401 have on a divorced couple’s antenuptial agreement.

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Flawed Parental Rights Precedent is Being Perpetuated
Speaker Law Firm 3/2/16 Speaker Law Firm 3/2/16

Flawed Parental Rights Precedent is Being Perpetuated

The denial of leave in Maes means that significant flaws in appellate case precedent have now been left intact, impacting hundreds of parental rights proceedings.

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Michigan Supreme Court: Whistleblower Claims Cannot be Based on Suspected Future Act
Speaker Law Firm 2/24/16 Speaker Law Firm 2/24/16

Michigan Supreme Court: Whistleblower Claims Cannot be Based on Suspected Future Act

An employee who was fired after reporting a suspected future violation of law could not bring a retaliatory discharge claim under the Whistleblowers’ Protection Act.

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Supreme Court Vacates Termination of Parental Rights Order
Speaker Law Firm 2/17/16 Speaker Law Firm 2/17/16

Supreme Court Vacates Termination of Parental Rights Order

The Supreme Court vacated the order adjudicating jurisdiction over the children and vacated the order terminating parental rights.

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Mother Who Didn’t Get 14-Day Notice Granted New Termination Hearing
Speaker Law Firm 2/10/16 Speaker Law Firm 2/10/16

Mother Who Didn’t Get 14-Day Notice Granted New Termination Hearing

A recent Michigan COA ruling in a child-protection case is a reminder of just how important it is for parties, agencies, and the trial courts to be diligent about locating parents.

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MSC: Not Presenting Expert Testimony Equals Ineffective Assistance of Counsel
Speaker Law Firm 2/3/16 Speaker Law Firm 2/3/16

MSC: Not Presenting Expert Testimony Equals Ineffective Assistance of Counsel

The MI Supreme Court’s decision in People v Ackley shows just how crucial it is for defense lawyers to adequately investigate their client’s case and make good use of expert witnesses.

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Court of Appeals Holds That Equitable Parent Doctrine may be Asserted by Married Same-Sex Spouses
Speaker Law Firm 11/11/15 Speaker Law Firm 11/11/15

Court of Appeals Holds That Equitable Parent Doctrine may be Asserted by Married Same-Sex Spouses

The Court of Appeals issued a published decision in Stankevich v Milliron, holding that, same-sex couples who are married, in this state or others, may assert the equitable parent doctrine.

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Court of Appeals Vacates Published Opinion After Death of Mother
Speaker Law Firm 10/28/15 Speaker Law Firm 10/28/15

Court of Appeals Vacates Published Opinion After Death of Mother

The Court of Appeals found the actions of the Livingston Circuit Court and a FOC Referee acted "grossly improper" in their decision-making and procedures in a custody case.

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Co-Owner of a Condominium has No Premises Liability Claim
Speaker Law Firm 10/21/15 Speaker Law Firm 10/21/15

Co-Owner of a Condominium has No Premises Liability Claim

The COA clarified an issue of first impression: whether a co-owner of a condominium unit has a claim sounding in premises liability against the condominium association.

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COA Finally Provides Guidance for Grandparenting Time Appeals
Speaker Law Firm 10/14/15 Speaker Law Firm 10/14/15

COA Finally Provides Guidance for Grandparenting Time Appeals

The Court of Appeals concluded that the father had an appeal by right from the trial court's order awarding grandparenting time, over the father's objection.

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Attorney Fights to Obtain a Meager but "Extraordinary Fee" in Court-Appointed Criminal Appeal
Speaker Law Firm 10/7/15 Speaker Law Firm 10/7/15

Attorney Fights to Obtain a Meager but "Extraordinary Fee" in Court-Appointed Criminal Appeal

It is well known in Michigan that attorneys who do court-appointed work are usually paid pretty miserably for their time. This is true both in the trial court and on appeal.

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Success in a Court-Appointed Guardian Ad Litem's Lengthy Battle for Fees
Speaker Law Firm 9/30/15 Speaker Law Firm 9/30/15

Success in a Court-Appointed Guardian Ad Litem's Lengthy Battle for Fees

In Doe v Boyle, after a lengthy battle, the COA awarded court-appointed guardian ad litem Thomas Woods costs and attorney's fees for his services on a personal injury suit.

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