Stepparent Adoption Set Aside Due to Parties’ Fraud
The Court of Appeals upheld the trial court decision to set aside the stepparent adoption of KJS due to the parties’ significant and positive fraud.
Whistleblowers Protection Act Clarified
It remanded the case back to the COA for consideration of the plaintiff’s claim that her termination was a violation of public policy.
Ruminations on the Delayed Application Court Rule
Under MCR 7.205(G)(3), appellate counsel has always assumed that there was a 6 month absolute deadline for filing an application for leave in the Court of Appeals.
U.S. Supreme Court Declines Michigan Deputies’ Appeal in Excessive Force Case
The United States Supreme Court has denied an appeal in the case of two Macomb County deputies who were sued for civil rights violations when making an arrest.
Appellate Delay Disturbing in Custody/Parenting Time Matter
In Teruya v Burgan, a MI mother and CA father of 3 children, who were conceived by in vitro fertilization insemination, disputed rights regarding parenting time.
Grand Rapids ‘Peace and Tranquility’ Ordinance is Declared Unconstitutional
A Grand Rapids ordinance that prohibits the use of a premises “which shall destroy the peace and tranquility of the surrounding neighborhood” is unconstitutionally vague.
Party Didn’t Meet MCR 3.206 Requirements: Must Pay Own Attorney Fees
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.