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One Court of Justice Blog

Jun 2017
21
June 21, 2017

COA: Fit parents have the right to adjust grandparenting time

“MCL 722.27b provides grandparents in certain situations the means to seek an order for grandparenting time.” However, in Geering v. King, No. 335794, the Court of Appeals found that this cannot come at the expense of limiting the right of fit parents, who may, for reasons the courts may disagree with, choose to limit the amount of time that their children spend with their grandparents.

May 2017
11
May 11, 2017

Department of Health and Human Services failed to accommodate disabilities by using a one-size-fits-all family reunification plan, says MSC

The Department of Health and Human Services may not use a standard family plan when attempting to reunify families in probate matters, said the Michigan Supreme Court in In re Hicks, No. 15378.  Specifically, the Court held that the Department has not complied with its duty to make reasonable efforts at family reunification when it fails to modify its services to reasonably accommodate a parent with a disability. 
 

Apr 2017
12
April 12, 2017

A statute of limitations defense belongs only to the party raising it and cannot be resolved before that party is added to an action

A court may not preemptively decide whether a statute of limitations defense is available to a necessary party before he or she has been made a party to the litigation, held the Michigan Supreme Court in Graham v. Foster, No. 152058.  Additionally, the Court also held that a person timely made a party to an action may not claim on his or her own behalf that the action is time-barred on the basis of the plaintiff’s failure to add a necessary party before the limitations period expired.
 

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).
 

Mar 2017
14
March 14, 2017

COA holds that proposed parenting-time change alters the established custodial environment.

In John Allen Lieberman v Kimberly Ann Orr, No. 333816, the Court of Appeals held the trial court erred in this child custody matter by granting plaintiffs motion for a change in physical custody. The Court held the trial court should have applied the legal standards set forth in Vodvarka to determine whether “proper cause” or a “change of circumstances” was sufficient to reopen the custody issue.

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