Michigan's Court of Appeals released on September 27, 2005, a published decision overruling a case that Scott Bassett, one of Michigan's most experienced appellate lawyers, has called "one of the most anti-child rulings ever made by that court." In 1996, the Court of Appeals ruled in Dehring v Dehring, 220 Mich App 163 (1996) that an intra-state change of domicile was not a sufficient basis to revisit the issue of custody.
In the new decision, Sehlke v VanDermaas, the Court of Appeals says that Dehring is no longer good law, having been overturned legislatively by MCL 722.31, also known as the 100 mile rule. According to Sehlke, an intra-state change of custody in excess of 100 miles is a legally sufficient basis to reopen the custody issue.
The Sehlke panel noted that the statute makes no distinction between intra-state and inter-state changes of domicile. Accordingly, it is implicit in the decision that any move of more than 100 miles, whether within Michigan or beyond, triggers the right to revisit custody.
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