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.
MSC Denies Appeal In Termination Of Parental Rights Case
The Michigan Supreme Court will not hear the appeal in a termination of parental rights case.
Trial Court Did Not Correct ‘Clerical Error’ When Issuing Amended Order
The trial court’s amended order didn’t correct the clerical error under MCR 2.612(A)(1) because the correction “substantially changed” the initial order.
School District Report Wrongly Excluded As Evidence
In determining whether changing schools was in the best interests of the parties’ child, the trial court improperly excluded a report about the school district.
Appeals Court Vacates Sole Legal Custody To Father
A trial court erred by granting a father sole legal custody of the parties’ minor children, because the evidence showed the parties were able to cooperate and make important decisions.
Trial Court Properly Gave Interim Effect To Referee’s Order Changing Custody
A trial court is not prohibited by the court rules from giving interim effect to a referee’s recommended order that changes custody pending a judicial hearing on an objection to the recommendation.
Court of Appeals: Trial Court Made Correct Schooling Decision
The trial court’s decision regarding the minor child’s schooling was appropriate because the court did not abuse its discretion in changing the child’s established custodial environment.
Trial Court Improperly Handled Divorced Father’s Request To Change Children’s School
The Court of Appeals further held that remand was necessary to address the father’s request to modify parenting time.