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Posted: Apr 17, 2019, 3:51 PM
In this action involving a mother’s motion to relocate the parties’ child to Sault Ste. Marie, the trial court erred by failing to properly address whether an established custodial environment existed and, if it did, whether the relocation would alter that environment, the Michigan Court of Appeals has ruled.
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Posted: Nov 28, 2018, 11:45 AM
A father remained responsible for more than $40,000 in unpaid child support from a 1992 paternity case because the 10-year statute of limitations for enforcing child-support orders was tolled by the trial court’s continuing jurisdiction, the Michigan Court of Appeals has ruled.
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Posted: Sep 20, 2018, 1:45 PM
An Ecuadorian mother’s taking of her minor child from Michigan to Ecuador in 2009 without notifying the father, in violation of the parties’ divorce judgment, did not preclude the possibility that the child had become a “habitual resident” of Ecuador for purposes of a Hague Convention challenge to the father’s 2016 failure to return the child to Ecuador after she visited him in Michigan, the 6th U.S. Circuit Court of Appeals has ruled.
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Posted: Sep 6, 2018, 12:25 PM
A trial court erred in distributing a divorcing couple’s marital property because the parties’ prenuptial agreement was ignored in doing so, the Michigan Court of Appeals has ruled. In Silverman v Silverman (Docket No. 336905, unpublished opinion), the Court of Appeals said the trial court could not “simply disregard the prenuptial agreement and resort to equitable considerations without any analysis as to why it was doing so.”
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Posted: Aug 15, 2018, 9:15 AM
A spousal support award and the division of property in a divorce case must be vacated because the trial court engaged in a “parade of errors” – namely, denying the husband’s constitutional right to counsel, the Michigan Court of Appeals has ruled.
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Posted: Aug 1, 2018, 9:15 AM
The Michigan Court of Appeals has vacated an order denying a divorced father’s request to change the school his children attend, finding the trial court failed to 1) address the children’s established custodial environment, 2) describe the applicable burden of proof and 3) consider the Child Custody Act’s best-interest factors. In Marik v Marik (Docket No. 333687), the Court of Appeals remanded the case so the trial court could properly handle these issues.
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Posted: Jun 19, 2018, 3:30 PM
Livingston County District Court Judge Theresa Brennan is no longer hearing cases amid the release of an explosive misconduct complaint from the Judicial Tenure Commission. The Judicial Tenure Commission (JTC) is the agency that holds state judges, magistrates and court referees accountable for alleged misconduct.
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Posted: Apr 27, 2018, 11:30 AM
Two recent Michigan Court of Appeals decisions, if not reversed, may end up hindering direct placement adoptions in Michigan. The rulings in In re MGR, Minor and In re LMB, Minor are concerning for prospective adoptive parents because they allow putative fathers to stop an adoption in its tracks, simply by obtaining an order of filiation from the trial court.
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Posted: Jan 18, 2018, 11:00 AM
Kevin Clark and Erica Kosinski had a child together. Their tumultuous relationship ended in a child custody dispute. During that time, Clark found listening devices and GPS tracking devices concealed in the child’s clothing during his parenting time.
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Posted: Dec 5, 2017, 2:35 PM
Change in circumstances often lead to a motion to change custody. In D’itri v Bollinger, unpublished per curiam opinion of the Court of Appeals, Docket 337815 (2017), the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.
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Posted: Aug 28, 2017, 4:50 PM
The Michigan legislature is trying to pass legislation called the Michigan Shared Parenting Act, HB 4691, http://www.legislature.mi.gov/(S(2bjmoemzoxqbnuuhgn2vbgxb))/mileg.aspx?page=GetObject&objectname=2017-HB-4691, which completely throws out over 30 years of statute and case law, and favors consistency (in the form of joint custody for all cases) over the best interests of the children.
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Posted: Apr 28, 2017, 3:40 PM
According to a recent (1-27-2017) opinion of the US Court of Appeals, 6th Circuit (D.O.; A.O.;R.O. v Glisson, Sec. Cabinet for Health and Family Services, ___US____, No.16-5461 (6th Circuit 2017), reversing a district court’s decision, the Federal Child Welfare Act creates a private right to foster-care maintenance payments enforceable by a foster parent under 42 U.S.C. Sec. 1983.
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Posted: Mar 10, 2017, 10:00 AM
Speaker Law Firm received its second published opinion of the week
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Posted: Mar 1, 2017, 10:15 AM
Tuesday, February 28th we had a double Victory Day at the Speaker Law Firm.
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Posted: Feb 22, 2017, 4:00 PM
To understand these three inter-related appeals, Cassidy v Cassidy and Hansen, No. 328004, No. 328024 and Cassidy v Cassidy, No. 333319, we first must state the facts of this not-so-simple divorce matter.
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Posted: Mar 28, 2016, 9:25 AM
Following the most recent blog (In re Jones, blog dated March 21, 2016) about the Supreme Court’s continued interest in the Hatcher rule,the Michigan Court of Appeals has vacated an order terminating a father’s parental rights because the trial court effectively deprived him of an adjudication trial and, as a result, his due process rights were violated.
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Posted: Aug 12, 2014, 8:35 AM
On May 13, 2014, in an unpublished opinion, the Michigan Court of Appeals held that a payor’s spousal support may be increased on the basis of a new spouse’s income.
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Posted: Jun 17, 2014, 11:20 AM
At the end of last year, the Court of Appeals, in a published opinion, Souden v Souden, 303 Mich App 406; 844 NW2d 151 (2013), clarified the amount of due process required when an attorney seeks enforcement of charging liens secured by a divorce judgment signed by the client debtor.
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