Appeals Court Reverses Trial Court Taking Jurisdiction Over Child
The trial court wrongly held that the statutory grounds for jurisdiction over the child were established by a preponderance of the evidence.
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.
COA Vacates and Remands Trial Court’s Order & The $15K Parenting-Time Bond
The trial court committed clear legal error in Butters v Butters by failing to hold a live hearing where the plaintiff would have the right to present evidence.
MSC Vacates Published Opinion In Stepparent Adoption Case
The Michigan Supreme Court has voided the COA published decision in In re BMGZ, Minor, a stepparent adoption case where the plaintiffs wanted SIJ status for the minor child.
Michigan Election Bureau’s Appeal Dismissed As ‘Moot’
The Michigan Court of Appeals has dismissed an appeal by the Michigan Bureau of Elections based on the “mootness doctrine”.
Does An Employee Have A Reasonable Expectation Of Privacy In An Employer-Provided Email?
The plaintiff issued subpoenas to the defendant’s employer seeking email communications that the defendant sent to his attorney via his employer-provided email address.
Defendant Acquitted After Retrial Not Entitled To Compensation From State
The Michigan SCT declined to hear the plaintiff’s appeal, thereby affirming that the plaintiff wasn’t entitled to compensation for the 9 years he spent in prison before being acquitted of sexual assault.
Police Interrogation Wrongly Admitted: Defendant Entitled To New Trial
A defendant convicted of criminal sexual conduct was entitled to a new trial because an unredacted recording of the defendant’s police interrogation was improperly admitted into evidence.
Woman’s Daughters - Not Husband - Were Properly Appointed As Co-Conservators
A probate court did not err in appointing the daughters of a woman with Alzheimer’s disease and dementia as her co-conservators rather than appointing her husband.
Jury Must Decide If Car Accident Injuries Affected Boy’s “Ability To Lead Normal Life”
In Piccione v Gillette, the Court of Appeals relied on McCormick to conclude that a jury must decide whether the boy suffered a “serious impairment of body function”.
Divorcing Parties Cannot “Change Their Mind” About Mediation Agreement
A defendant couldn’t claim the mediation agreement he signed during his divorce proceedings was unenforceable based on perceived procedural mistakes.
Definition of “Removed” Controls Use of MIFPA Protections
Two minor children, and their mother are members of the Sault Ste. Marie Tribe of Chippewa Indians and thus, when “removed” from the mother, MIFPA was applied.
Attorney Fights to Obtain a Meager but "Extraordinary Fee" in Court-Appointed Criminal Appeal
It is well known in Michigan that attorneys who do court-appointed work are usually paid pretty miserably for their time. This is true both in the trial court and on appeal.
Article in Family Law Journal Questions Point of Appeal Over $500
The January 2013 issue of the Michigan Family Law Journal includes an article by attorneys Scott Bassett and Carmen Moyer in their column "Unpublished decision of the month." The column addressed the family law decision in Rosema v Rosema.
COA Directs Trial Court to Mind Its "l's" and "m's"--PUBLISHED OPINION
In a published decision, the COA found that the Kent County Circuit Court erred in terminating a mother's parental rights under MCL 712A.19b(3)(l), where the mother had voluntarily released her rights to a different child under the Adoption Code.
Equitable Parenthood: Not an Ageless Doctrine
In Vanderark v Vanderark, the Court of Appeals concluded the the trial court erroneously held that the plaintiff was the equitable parent of a minor child born to plaintiff's wife during the marriage.