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Federal Court: Children Granted U.S. Asylum Must Return To Dad In Venezuela
Speaker Law Firm 5/4/22 Speaker Law Firm 5/4/22

Federal Court: Children Granted U.S. Asylum Must Return To Dad In Venezuela

The two minor children of an immigrant who were granted asylum in the United States must be returned to their father in Venezuela, the 6th U.S. Circuit Court of Appeals has ruled in a 2-1 decision.

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DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children
Speaker Law Firm 4/27/22 Speaker Law Firm 4/27/22

DHHS Sufficiently Made ‘Some Efforts’ To Avoid Removal Of Children

The trial court in this child-protective proceeding correctly placed the mother’s children under its jurisdiction because “some efforts” were made by DHHS to prevent removal of the children.

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Consent Divorce Judgment’s Military Benefits Provision Cannot Be Collaterally Attacked
Speaker Law Firm 4/20/22 Speaker Law Firm 4/20/22

Consent Divorce Judgment’s Military Benefits Provision Cannot Be Collaterally Attacked

Even though the parties’ consent judgment of divorce included an offset provision, the defendant’s challenge to enforcing that provision is an improper collateral attack.

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COA Adopts ‘Blended’ Approach In Frozen Embryo Cases
Speaker Law Firm 4/13/22 Speaker Law Firm 4/13/22

COA Adopts ‘Blended’ Approach In Frozen Embryo Cases

In this divorce case, the COA adopted a new legal framework that “blends” the “contractual approach” and the “balancing approach” to determine the disposition of a frozen embryo.

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Supreme Court Reversed and Remanded a Court of Appeals’ Judgment, Affirming Termination of Parental Rights
Speaker Law Firm 4/12/22 Speaker Law Firm 4/12/22

Supreme Court Reversed and Remanded a Court of Appeals’ Judgment, Affirming Termination of Parental Rights

The Supreme Court determined that reasonable efforts had not been made by the Department, as no service plan had been created to attempt to reunify the children with their mother.

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Only Some Factual Findings Made: Custody Removal Order Vacated
Speaker Law Firm 3/30/22 Speaker Law Firm 3/30/22

Only Some Factual Findings Made: Custody Removal Order Vacated

The trial court in this child-welfare case did not make all the factual findings necessary to remove the minor child from her parents’ custody and, as a result, the removal order must be vacated.

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Divorce Judgment’s Custody, Parenting-Time Provisions Were Wrongly Vacated
Speaker Law Firm 3/23/22 Speaker Law Firm 3/23/22

Divorce Judgment’s Custody, Parenting-Time Provisions Were Wrongly Vacated

The trial court’s decision to vacate the custody and parenting-time provisions in the parties’ divorce judgment must be reversed, the Michigan Court of Appeals has ruled.

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Appeal Filed By Attorney Dismissed For Not Being Pursued By ‘Aggrieved Party’
Speaker Law Firm 3/16/22 Speaker Law Firm 3/16/22

Appeal Filed By Attorney Dismissed For Not Being Pursued By ‘Aggrieved Party’

The Michigan COA has ruled that it did not have jurisdiction to hear the appeal in a child-welfare case because trial counsel filed the appeal, and not the father whose parental rights were terminated.

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MSC Asks: Was Expert Mistakenly Required In Reasonable Accommodation Case?
Speaker Law Firm 3/9/22 Speaker Law Firm 3/9/22

MSC Asks: Was Expert Mistakenly Required In Reasonable Accommodation Case?

The Michigan Supreme Court is currently considering a case involving the denial of a residential tenant’s request for a “reasonable accommodation”.

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COA Ruled Mother’s Drug Use During Pregnancy Doesn't Qualify As An Aggravated Circumstance
Speaker Law Firm 3/4/22 Speaker Law Firm 3/4/22

COA Ruled Mother’s Drug Use During Pregnancy Doesn't Qualify As An Aggravated Circumstance

The COA vacated the trial court’s order terminating mother’s parental rights because mother’s drug use during pregnancy does not qualify as an aggravated circumstance.

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When Do ‘Aggravated Circumstances’ Exist In Termination Cases? MSC May Soon Decide
Speaker Law Firm 3/2/22 Speaker Law Firm 3/2/22

When Do ‘Aggravated Circumstances’ Exist In Termination Cases? MSC May Soon Decide

The MI SCT is considering whether to hear the case of a mother whose parental rights were terminated after the trial court agreed with the petitioning agency that she had subjected her children to “aggravated circumstances”.

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Mother’s Drug Use During Pregnancy Does Not Qualify as an Aggravated Circumstance Allowing for Termination
Speaker Law Firm 2/25/22 Speaker Law Firm 2/25/22

Mother’s Drug Use During Pregnancy Does Not Qualify as an Aggravated Circumstance Allowing for Termination

The Court of Appeals vacated the Trial Court’s order terminating mother’s parental rights because mother’s drug use during pregnancy does not qualify as an aggravated circumstance.

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Decedent Did Not ‘Regularly’ Support Child: Survivor’s Loss Benefits Denied
Speaker Law Firm 2/23/22 Speaker Law Firm 2/23/22

Decedent Did Not ‘Regularly’ Support Child: Survivor’s Loss Benefits Denied

The trial court properly dismissed this action for no-fault survivor’s loss benefits, the Michigan Court of Appeals has ruled.

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Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal
Speaker Law Firm 2/16/22 Speaker Law Firm 2/16/22

Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal

The Michigan Supreme Court found that the Respondent's counsel provided ineffective assistance by failing to cite to the record, citing incorrect legal standards in support of those claims, and failing to raise potentially meritorious claims.

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Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights
Speaker Law Firm 2/16/22 Speaker Law Firm 2/16/22

Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights

The trial court properly terminated the respondent-mother’s parental rights because at least one of the statutory termination factors was met.

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Michigan Supreme Court Found Respondent- Father's Counsel Provided Ineffective Assistance
Speaker Law Firm 2/11/22 Speaker Law Firm 2/11/22

Michigan Supreme Court Found Respondent- Father's Counsel Provided Ineffective Assistance

The Michigan Supreme Court vacated the judgment of the Court of Appeals and remanded the case for a new appeal due to the Respondent- Father's counsel providing ineffective assistance.

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Appeals Court: Hospital Cannot Be Forced To Treat COVID-19 Patient With Ivermectin
Speaker Law Firm 2/9/22 Speaker Law Firm 2/9/22

Appeals Court: Hospital Cannot Be Forced To Treat COVID-19 Patient With Ivermectin

A trial court correctly denied a patient advocate’s request for an order directing that ivermectin be administered to her father, who was hospitalized with COVID-19.

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Appeals Court Refuses To Create New Concept Of “Equitable Marriage”
Speaker Law Firm 2/2/22 Speaker Law Firm 2/2/22

Appeals Court Refuses To Create New Concept Of “Equitable Marriage”

The plaintiff in this child-custody case is not a “natural parent” under the equitable parent doctrine and did not establish the necessary elements for third-person standing under the Child Custody Act.

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