COA: Parenting Time, Right Of First Refusal Were Not Modifiable
A trial court correctly denied a father’s request to 1) change the parenting time schedule and 2) remove a right-of-first-refusal provision from the parties’ divorce judgment.
Custody & Parenting Time Were Properly Modified, Any Error Was Harmless
The trial court didn’t err when it modified the mother’s parenting time, found that a change in circumstances had occurred and that a change in custody was in the child’s best interests.
Custody & Grandparenting Time Issues Must Be Decided Separately
An award of grandparenting time requires reversal where the trial judge erroneously decided the grandparenting time issue during the child custody hearing.
Supreme Court Reverses and Remands Employment Case to Court of Appeals to Decide under Proper Evidentiary Standard
In August 2014, Dr. El-Khalil had sued Oakwood Healthcare, Inc., alleging racial discrimination in violation of the Elliott-Larsen Civil Rights Act (ELCRA).
Mom’s Parenting Time Properly Suspended, But Case Remanded For Periodic Hearings
The matter should be remanded to the trial court so periodic hearings can be held to determine whether reinstating visitation would be in the children’s best interests.
Slocum v Farm Bureau General Insurance Co of Michigan: The Right to Loss Benefits Under Michigan’s No-Fault Act
In Slocum, Robert Slocum was killed in a motorcycle accident, leaving behind his wife and her biological son, as well as his two minor children from a previous marriage.
Circumstantial Evidence Established “Presumption” That Beneficiary Exerted Undue Influence on Decedent
The COA reversed & remanded, finding there was an “abundant amount of circumstantial evidence” indicating that the Amendment was exerting undue influence on the decedent.
Divorced Parents Wrongly Appointed Co-Personal Representatives Of Daughter’s Estate
A probate court erred by appointing a divorced couple as the co-personal representatives of their deceased daughter’s estate.
Court of Appeals Reinstates Daughters’ Challenge to Validity of Trust
A probate court erroneously applied the statute of limitations in the Michigan Trust Code to bar the plaintiffs’ challenge to the validity of their mother’s trust.
Bank Account Co-Owner Must Return Portion Of Unlawfully Transferred Funds
The COA held that a co-owner of the account who unlawfully transferred nearly all the funds to her personal account must return one-half of the funds that were taken.
Father’s Rights Were Properly Terminated So Stepparent Adoption Could Proceed
A trial court did not err in terminating a father’s parental rights, thereby allowing a petition for stepparent adoption to proceed, the Michigan Court of Appeals has ruled.
Stepparent Adoption Dismissed Because Mother Didn’t Have A Custody Order
A stepparent adoption petition was properly dismissed, because the mother did not have a court order establishing that she had custody of the child.
Aunt’s Adoption Request “Arbitrarily & Capriciously” Denied By State Agency
The trial court correctly ruled that the superintendent of the Michigan Children’s Institute “arbitrarily and capriciously” denied consent for the petitioner to adopt her niece.
Petitioners’ Due Process Rights Were Violated at Adoption Subsidy Hearing
An administrative law judge violated the petitioners’ due process rights by not letting them present their arguments at a hearing on the denial of a support subsidy for their adopted child.
Fire Battalion Chiefs Not Entitled To Overtime Pay For “Standby” Duty
The City of Battle Creek is not required to pay its fire department battalion chiefs for the hours they are required to be on “standby” duty, a federal appeals court has ruled.
The Michigan Supreme Court Weighs in on How Courts Should Handle Proposed QDROs
The court awarded Defendant-Wife half of the marital interest in Plaintiff-Husband’s retirement benefits and pension via a QDRO through his employment with General Motors.
The Proper Way to Perform a Child Interview During Child Protective Proceedings
The Michigan Supreme Court decided on the propriety of a trial court in conducting an in camera interview of a subject child in the context of child protective proceedings.
Appeals Court: Laid-Off Employee’s Retaliation Claim Should’ve Been Dismissed
An employee who was laid-off after 1) reported a co-worker’s conduct to supervisors & 2) considered notifying the police of the conduct didn’t offer enough evidence to proceed with a retaliation claim.