The trial court in this custody matter improperly refused to hold an evidentiary hearing on the plaintiff-mother’s request to modify custody and parenting time, the Michigan Court of Appeals has ruled.

In D’itri v Bollinger, the mother of the child filed a motion to change custody claiming there was a change in circumstances in the child’s living situation.

The Court of Appeals in Frowner v Smith, addressed whether a parent has to satisfy the Vodvarka threshold to change custody from a third party custodian.