On October 27, 2005, in an unpublished opinion, the Michigan Court of Appeals affirmed a lower court decision that the father (non-custodial parent) could not have his co-habiting girlfriend stay overnight during his parenting time. Muller v Muller, Docket No. 259271, arising in the Oakland County Circuit Court, Family Division.
First, the Court said that "The social policy of the state of Michigan is established by the Legislature, not the courts, and we note that MCL 750.335 prohibits lewd and lascivious cohabitation1. The Legislature has not repealed this statute." Since only the mother had argued against cohabitation, and the father had expressed no opinion about whether it was in the best interests of the children, the COA said it was reasonable for the court to honor her request.
Next, the Court addressed the father's argument that the court was interfering with his free exercise of his religion.