Skip to main content

One Court of Justice Blog

Mar 2017
16
March 16, 2017

COA: In order to have physical child custody, parent must live in country signed onto child abduction treaty

Michigan courts may not grant physical custody to a parent who lives in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction, said the Michigan Court of Appeals in Elahham v. Al-Jabban, Nos. 326775 and 331438. Based on a plain-language reading of the Child Custody Act and an interpretation of the phrase “parenting time,” the Court affirmed the trial court’s refusal to award physical custody of the parties’ minor child to the plaintiff mother, Lamis Elahham (Elahham).
 

Feb 2017
06
February 06, 2017

MSC grants second MOAA on whether an order denying a motion to change schools is a postjudgment order affecting the custody of a minor

In Ozimek v Rodgers, No. 154776, the Michigan Supreme Court granted mini-oral argument as to whether an order denying the plaintiff mother’s motion to change the school was “a postjudgment order affecting the custody of a minor” and therefore a “final order” under MCR 7.202(6)(a)(iii). 

Feb 2017
06
February 06, 2017

MSC grants MOAA on whether a court’s postjudgment order denying request to change child’s school enrollment is an order affecting the custody of a minor

In Marik v. Marik, No. 154549, the Michigan Supreme Court has granted mini-oral argument to address whether a court’s postjudgment order denying a party’s request to change a minor child’s school enrollment is a “postjudgment order affecting the custody of a minor” and therefore a “final order” under MCR 7.202(6)(a)(iii).  The defendant father in the underlying domestic relations action filed a postjudgment order, seeking to modify parenting time and the parties’ minor child’s school enrollment.  After the circuit court denied the defendant’s motion, the father appealed the court’s decision.  On July 12, 2016, the Michigan Court of Appeals dismissed the claim for lack of jurisdiction, reasoning that the circuit court’s postjudgment order did not affect the custody of the parties’ minor child within the meaning of MCR 7.202(6)(a)(iii). 

Jan 2017
30
January 30, 2017

COA rules trial court must make initial child custody finding before referring to friend of the court for investigation

In Bowling v. McCarrick, No. 331583, the Court of Appeals held the trial court erred when it referred a child-custody matter to the Friend of the Court for conciliation before it had made a determination regarding whether the party requesting a change in custody had met his burden of proving either proper cause or change of circumstances.  The trial court improperly relied upon the Friend of the Court’s report in determining whether there was proper cause.  Because Michigan statute requires the court to make this determination before ordering the Friend of the Court to investigate, the Court of Appeals vacated the trial court order and remanded to the trial court for further proceedings. 
 

Displaying results 1-6 (of 8)
 |<  < 1 - 2  >  >| 

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset