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Posted: Feb 10, 2021, 9:35 AM
The father in this case was erroneously granted joint physical and legal custody of the parties’ children, the Michigan Court of Appeals has ruled, because the trial court improperly conflated his motion to change custody with the mother’s motion to change domicile, effectively placing the burden of proof on the mother for both motions.
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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: Aug 2, 2017, 3:55 PM
The Michigan Court of Appeals, in Hund v Hund, No.334313, a divided opinion, affirmed a lower court order that denied defendant-mother’s request to change the legal residence of the child, OMH, to Canada while granting plaintiff-father’s motion for primary physical custody. The dissenting opinion, written by Hon. Michael Gadola, argued that a change of domicile to Canada was warranted and that the lower court abused its discretion by granting the father’s motion for change of custody.
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