Mom Convicted Of Shaking Infant To Death Gets New Trial
The Michigan Supreme Court decided the trial court wrongly held that expert testimony on shaken baby syndrome (SBS) was inadmissible under the rules of evidence and, as a result, the defendant is entitled to a new trial.
‘Domicile Provision’ Invalid, Best Interests Of Children Must Be Considered
The Michigan COA ruled, in this custody case, the trial court correctly invalidated the "domicile provision" in the parties' consent judgment of divorce and found that the best interests of the children must be considered before letting the defendant move out-of-state.
Trial Court Did Not Err By Granting Appellee’s Petition For Sole Guardianship
The Trial Court did not err when it granted the Appellee’s petition to be sole guardian of the ward in question, AMMB, despite the Appellant’s multiple challenges to the order in question.
Former Same-Sex Partner Does Not Have Standing To Bring Custody Action
The trial court in this equitable-parent doctrine case correctly ruled the plaintiff did not establish, by a preponderance of the evidence, that she and the defendant would have married but for the then-existing ban on same-sex marriage, the Michigan COA decided.
COA: ‘Byzantine’ Filing Requirements Make Judicial Races Akin To ‘Hunger Games’
In Neilson v Board of State Canvassers, the Michigan Court of Appeals held that the plaintiff was not entitled to a writ of mandamus compelling the Board of State Canvassers to certify her as a judicial candidate on the election ballot.
Court Of Claims: Candidate Johnsen Must Be On Ballot
Kent County Circuit Court candidate Jennifer Johnsen was wrongly kept off the Michigan primary ballot by the Board of State Canvassers, according to the Michigan Court of Claims.
Trial Court Correctly Extended PPO On Its Own Motion
The trial court properly extended – on its own motion – the duration of a personal protection order (PPO) after finding the respondent guilty of criminal contempt for violating the PPO, the Michigan Court of Appeals has ruled.
Court of Appeals Holds That An Award Of Attorney Fees Is Not Permissible In Domestic PPO Actions
The trial court erred in awarding Petitioner attorney fees associated with Respondent’s PPO violation. The Court of Appeals reversed and remanded.
COA Reverses And Remands Trial Court Order Terminating Respondent-Mother’s Parental Rights
The COA reversed and remanded a trial court order that terminated mother's parental rights due to two-year child support order compliance period. The COA also affirmed the trial court’s determination that the petitioners had proven MCL 712A.19(3)(f)(ii) by clear and convincing evidence.
COA Affirms Trust Settlement Agreement Terms Were Both Unambiguous and Not Breached
The trial court did not err in determining the terms of the settlement agreement as unambiguous and not breached, leading to the Court of Appeals to affirm the decision.
U.S. Supreme Court Upholds Law Disarming Persons Subject To Domestic Violence Restraining Orders
An individual may be “temporarily disarmed consistent with the Second Amendment” when a court determines that he or she poses “a credible threat to the physical safety of another.”
Parent Cannot Challenge The Effectiveness Of Child’s Attorney
The father in this termination of parental rights case did not have standing to claim that his child’s attorney provided ineffective assistance of counsel.
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.
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.
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.
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.
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.”
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.