Kudos to Anne Argiroff, Michigan appellate lawyer. She recently prevailed in the Court of Appeal in Eickelberg v Eickelberg, a relocation case. Eickelberg was decided on January 27, 2015 [Docket No. 318840] and was approved for publication on March 19, 2015.
After the Plaintiff Mother filed for divorce and prior to entry of judgment in 2010, Mr. Eickelberg moved from Clinton Township to Perry, Michigan. This was a move of 86 miles. Mrs. Eickelberg was awarded custody and Mr. Eickelberg was awarded parenting time that included a mid-week parenting time.
The parties did not get along and a parenting coordinator was appointed. After Mr. Eickelberg moved from Perry to Marshall, Michigan, Mother filed a motion to terminate the PC and also challenged the father's move to Marshall--about 126 miles from the home where she and the children remained. She alleged that his move violated MCL 722.31, commonly known in Michigan as "the 100-mile rule." Father filed a motion to eliminate the mid-week parenting time and to increase his summer parenting time.