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Dad’s Parental Rights Wrongly Terminated Based Solely On His Incarceration
Speaker Law Firm 6/22/22 Speaker Law Firm 6/22/22

Dad’s Parental Rights Wrongly Terminated Based Solely On His Incarceration

A father’s parental rights were erroneously terminated under MCL 712A.19b(3) because his incarceration was the condition that led to the initial adjudication.

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Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm
Speaker Law Firm 6/15/22 Speaker Law Firm 6/15/22

Courts Can Consider Whether “Ameliorative Measures” Can Be Taken to Reduce the Risk of Harm

The case involves the grave risk of physical harm exception to a child’s wrongful removal from their country of habitual residence.

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Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied
Speaker Law Firm 6/15/22 Speaker Law Firm 6/15/22

Lawyer’s Appeal Of Trial Court Recording & Broadcast Policy Is Denied

A federal court has refused to hear the appeal of a MI attorney who was charged with contempt after he screenshotted a state trial court proceeding and then posted the photo to social media.

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Adult Sibling May File Child-Protective Petition Against Parents
Speaker Law Firm 6/8/22 Speaker Law Firm 6/8/22

Adult Sibling May File Child-Protective Petition Against Parents

An adult sibling has standing to initiate child-protective proceedings against his parents over the care of his minor sister.

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Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19
Speaker Law Firm 5/25/22 Speaker Law Firm 5/25/22

Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19

DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic

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Court of Appeals Reversed and Remanded the Trial Court’s Ruling that a Court-Ordered “IME” Was Necessary
Speaker Law Firm 5/20/22 Speaker Law Firm 5/20/22

Court of Appeals Reversed and Remanded the Trial Court’s Ruling that a Court-Ordered “IME” Was Necessary

The COA reversed and remanded the Trial Court’s ruling that a court-ordered independent medical examination (“IME”) was necessary to look for evidence of sexual assault of a minor.

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MSC Vacates Published Opinion In Stepparent Adoption Case
Speaker Law Firm 5/18/22 Speaker Law Firm 5/18/22

MSC Vacates Published Opinion In Stepparent Adoption Case

The Michigan Supreme Court has voided the COA published decision in In re BMGZ, Minor, a stepparent adoption case where the plaintiffs wanted SIJ status for the minor child.

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Appeals Court: Right Of Discovery Is Not Limited In Adoption Proceedings
Speaker Law Firm 5/11/22 Speaker Law Firm 5/11/22

Appeals Court: Right Of Discovery Is Not Limited In Adoption Proceedings

The trial court in this adoption case improperly denied the petitioners’ motion for discovery and wrongly quashed subpoenas that were issued to the DHHS and Bethany Christian Services.

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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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