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2nd Circuit: Temporarily Returning Child To Third Country Is Permissible ‘Ameliorative Measure’
Speaker Law Firm 7/3/24 Speaker Law Firm 7/3/24

2nd Circuit: Temporarily Returning Child To Third Country Is Permissible ‘Ameliorative Measure’

A child may be returned temporarily to a third country as an “ameliorative measure” if returning the child to his “habitual residence” would pose a “grave risk” of harm.

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Custody, Parenting-Time Case Remanded Yet Again For Various Errors
Speaker Law Firm 6/26/24 Speaker Law Firm 6/26/24

Custody, Parenting-Time Case Remanded Yet Again For Various Errors

This custody and parenting-time case must be remanded because the trial court once again committed various errors in making its decisions.

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COA Affirms Trial Court Had Sufficient Evidence to Maintain Jurisdiction Over Minor Child
Speaker Law Firm 6/25/24 Speaker Law Firm 6/25/24

COA Affirms Trial Court Had Sufficient Evidence to Maintain Jurisdiction Over Minor Child

The statutory grounds for jurisdiction were reviewed and were determined that they met by a preponderance of the evidence and the trial court’s decision was affirmed.

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PPO Properly Terminated After Plaintiff Did Not Show At Zoom Court Hearing
Speaker Law Firm 6/19/24 Speaker Law Firm 6/19/24

PPO Properly Terminated After Plaintiff Did Not Show At Zoom Court Hearing

The trial court properly granted the defendant’s motion to terminate a personal protection order issued against him.

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Health Insurance for a Child Constitutes Support, Trial Court Erred in Analysis of Support Ability
Speaker Law Firm 6/14/24 Speaker Law Firm 6/14/24

Health Insurance for a Child Constitutes Support, Trial Court Erred in Analysis of Support Ability

The trial court erred by not conducting an analysis of the parent’s “ability to support” when determining whether such support was “substantial.”

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Charging Lien For Legal Fees Not Enforced In Divorce Case
Speaker Law Firm 6/12/24 Speaker Law Firm 6/12/24

Charging Lien For Legal Fees Not Enforced In Divorce Case

The trial court in this high-asset divorce action properly declined to enforce the charging liens that had been filed by the plaintiff’s attorneys.

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Michigan Supreme Court Finds DHHS Did Not Make Reasonable Efforts at Reunification
Speaker Law Firm 6/7/24 Speaker Law Firm 6/7/24

Michigan Supreme Court Finds DHHS Did Not Make Reasonable Efforts at Reunification

The Michigan Supreme Court determined that DHHS “has an affirmative duty to make reasonable efforts to reunify a family before seeking termination of parental rights.”

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$0 Restitution For Ex-Wife Who Claimed Conversion, Fraudulent Transfer Of Funds
Speaker Law Firm 6/5/24 Speaker Law Firm 6/5/24

$0 Restitution For Ex-Wife Who Claimed Conversion, Fraudulent Transfer Of Funds

Because the plaintiff did not suffer “any actual loss or injury,” the trial court in this divorce action did not err by awarding the plaintiff $0 in restitution.

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Case Vacated & Remanded Due to Premature Determination of Whether a Genuine Issue of Material Fact Remained
Speaker Law Firm 5/30/24 Speaker Law Firm 5/30/24

Case Vacated & Remanded Due to Premature Determination of Whether a Genuine Issue of Material Fact Remained

A guardian of an incapacitated individual must execute a power of attorney to delegate to employees the authority to make final decision to exercise a guardianship “power”.

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Circuit Court Abused Its Discretion by Declining Petitioner To Permit Discovery Of Information in Adoption Case
Speaker Law Firm 5/30/24 Speaker Law Firm 5/30/24

Circuit Court Abused Its Discretion by Declining Petitioner To Permit Discovery Of Information in Adoption Case

Petitioner was deprived of meaningful discovery related to a hearing where she was to establish that the decision to withhold consent for adoption was arbitrary and capricious.

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Father’s Parental Rights Terminated After He Deserted the Child and Did Not Seek Custody During 91-Day Period
Speaker Law Firm 5/30/24 Speaker Law Firm 5/30/24

Father’s Parental Rights Terminated After He Deserted the Child and Did Not Seek Custody During 91-Day Period

Trial Court was correct in stating that respondent-father lacked standing to challenge the effectiveness of the child’s lawyer-guardian ad litem.

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Trial Court Used Outdated Definition Of ‘Relative’ When Terminating Mom’s Parental Rights
Speaker Law Firm 5/29/24 Speaker Law Firm 5/29/24

Trial Court Used Outdated Definition Of ‘Relative’ When Terminating Mom’s Parental Rights

Trial court relied on an outdated statutory definition of “relative” when deciding to terminate a mother’s parental rights.

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Probate Court Correctly Appointed Interim Trustee While Successor Trustee Decision Was Pending
Speaker Law Firm 5/22/24 Speaker Law Firm 5/22/24

Probate Court Correctly Appointed Interim Trustee While Successor Trustee Decision Was Pending

The probate court acted properly and plaintiff did not establish that he was entitled to appellate relief, the Michigan Court of Appeals has ruled.

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Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal
Speaker Law Firm 5/15/24 Speaker Law Firm 5/15/24

Court Rejects Mom’s ‘Less Restrictive Means’ Argument In Custody Appeal

Trial court properly denied the plaintiff-mother’s objections to the FOC referee’s recommendation that sole legal and physical custody be awarded to the defendant-father.

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Justices Order Appointment Of Appellate Counsel In Termination Case
Speaker Law Firm 5/8/24 Speaker Law Firm 5/8/24

Justices Order Appointment Of Appellate Counsel In Termination Case

The MI Supreme Court has ordered the Ingham County Circuit Court to appoint appellate counsel for the respondents in a termination of parental rights case.

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Appeals Court: Joint Legal Custody Award ‘Against Great Weight Of Evidence’
Speaker Law Firm 5/1/24 Speaker Law Firm 5/1/24

Appeals Court: Joint Legal Custody Award ‘Against Great Weight Of Evidence’

The trial court’s decision to award a father joint legal custody must be vacated because the ruling was “against the great weight of the evidence”.

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Trial Court Made Various Discovery Errors In Adoption Case
Speaker Law Firm 4/24/24 Speaker Law Firm 4/24/24

Trial Court Made Various Discovery Errors In Adoption Case

The trial court’s decision to deny the plaintiffs’ adoption petitions must be vacated and the case remanded because the trial court made several errors during discovery.

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Trial Court Erred By Denying Partial Summary Disposition Under No-Fault Act Amendments
Speaker Law Firm 4/19/24 Speaker Law Firm 4/19/24

Trial Court Erred By Denying Partial Summary Disposition Under No-Fault Act Amendments

The trial court erred in failing to grant partial summary disposition on the issue of the 2019 amendments to the No-Fault Act, the Court of Appeals reversed.

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