Judge Who Jailed Teens In Custody Case Can Be Sued For Civil Rights Violations
Judge cannot claim immunity in a federal lawsuit accusing him of putting two children in jail during a custody dispute involving their parents, the 8th U.S. Circuit Court of Appeals has ruled.
Unmarried Same-Sex Couple Seeking Joint Custody and Parenting Time For a Child Conceived Through in Vitro Fertilization
Under the equitable parent doctrine, a would-be equitable parent of a child born or adopted in same-sex marriage may seek custody and parent time.
A Michigan Trial Court Properly Declined to Enforce a California Custody Determination Due to Lack of Jurisdiction
The trial court properly declined to enforce a California custody determination because the California court did not have subject matter jurisdiction.
MSC Orders Trial Court To Review Jurisdiction In Out-Of-State Support Case
The MI Supreme Court has vacated certain parts of a 2021 COA decision affirming a trial court’s finding that it did not have personal jurisdiction over the defendant-father in a child support case.
Trial Court Properly Denied Attorney Fees In Divorce Case
The trial court’s denial of attorney fees in this divorce action was not “outside the range of reasonable and principled outcomes,” the Michigan Court of Appeals has ruled.
The Restriction Agreement Was Not an Illegal Restraint on Alienation
The Restriction Agreement, which established specific terms for the signing parties to exercise a purchase option at the other parties’ death, was not an illegal restraint on alienation.
Trial Court Applied Incorrect Standard To Child Support Modification Request
The trial court erroneously applied a change-of-circumstances standard to the Friend of the Court’s petition to modify child support, the Michigan Court of Appeals has ruled.
Trial Court Erred in Granting the Respondent a Directed Verdict During a Child Protective Proceeding Bench Trial
The trial court erred in granting the respondent a directed verdict during a child protective proceeding bench trial because the court rules limit directed verdicts to jury trials
Trial Court Improperly Excluded Recorded Interviews With Children
The trial court erroneously refused to view and admit video-recorded forensic interviews with the children, who were allegedly abused by their father, the Michigan COA has ruled.
The Supreme Court of the United States Has Upheld ICWA by a 7-2 Vote
ICWA also does not violate the Tenth Amendment’s anticommandeering doctrine. ICWA’s “active efforts” and “diligent search” requirements apply equally to state and private actors.
Agency Did Not Make Proper Referrals: Mom’s Parental Rights Wrongly Terminated
The trial court improperly terminated the respondent-mother’s parental rights because DHHS failed to make reasonable efforts to reunify the respondent with her children.
Appeals Court: Plaintiff’s Legal Malpractice Claim Was Wrongly Dismissed
The trial court improperly interpreted the terms of the parties’ agreement and, as a result, the plaintiff’s malpractice suit was improperly dismissed, the Michigan COA has ruled.
‘Fear Alone’ Not Enough To ContinuePersonal Protection Order
The trial court wrongly denied the respondent’s motion to terminate a PPO entered against him because “fear alone” is insufficient to justify continuing a PPO, the Michigan COA has ruled.
The Trial Court Properly Declined to Authorize DHHS’s Petition to Terminate Parental Rights
DHHS’s petition to terminate parental rights was declined because the petition did not establish probable cause that the father posed a substantial risk of harm to the children’s mental well-being.
Appeals Court: Trial Court Must Re-Examine Dissipation Of Marital Assets Issue
In this divorce action, the COA affirmed the discovery sanctions that were imposed but remanded the case for the trial court to address various marital asset issues.
Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.
Order Not Appealable ‘By Right’ Is Instead Treated As ‘Application’ To Appeal
The order from which the respondent appealed in this termination of parental rights case was not a “final order” pursuant to the court rules, a Michigan Court of Appeals majority has decided.
Trial Court Erred By Not Stating ‘Specific Reasons’ For Denying PPO
Trial court didn’t comply with the statutory requirements for denying an ex parte PPO by “merely concluding” that the allegations were “insufficient” for relief, the Michigan COA has ruled.