UPDATES IN MICHIGAN FAMILY LAW

Passports | Parental Kidnapping | Prevention & Recovery

Updated April 16, 2020:     A parent expressed concerns yesterday about issuance of a passport for a child. The parent's fear was that the other parent, having no right of custody, might be able to obtain a passport for the child and to remove the child from the country. Certainly, the Hague Convention, can be of assistance in recovering children who are wrongfully removed. However, this is an expensive, time-consuming, and not always successful process. This is particularly true if a child is taken to a country that is not a Hague Convention signatory or to a country that is a treaty partner but which is non-compliant.

As a practical matter, Homeland Security is now requiring that any child have his/her own passport -- even for travel to Canada or Mexico.  In a high conflict case involving one or more foreign-born parents, where there is a potential flight risk, there are certain protective measures that will help to prevent a parental abduction.

One situation that is encountered more frequently recently, since many parents are not married to each other, is that one of the parents may remove the child from the country (if this is an international abduction) or out of the state. In Michigan--a very large state--one abduction with which I am familiar involved a father removing a toddler from the Upper Peninsula to an area in upper Michigan (in "the mitten." The distance between the mother's home and his home was about 350 miles. This means the abduction might as well have been to another state given the travel time. It's been my experience that usually, the "taking parent" is the mother, but this is not always true. I've handled international and interstate abductions where the father was the "taking parent."

When the parents are not married to each other, but they have executed an Acknowledgment of Parentage, that document, consistent with The Acknowledgment of Parentage Act of 1996 is clear about which parent has the right to custody of the child:

Bullying | Sticks and Stones

I remember a saying that was bandied about when I was a child. "Sticks and stones can break my bones, but words can never hurt me."  How wrong that statement is! I checked out the origin. See fn 1.

We've all seen the power of cruel words to break the spirit of the recipient. In today's world, there is so much bullying going on. This can be interfamilial (parents or siblings taunting a child of the family; it can be in school--in the classroom, on the playground, or on the school bus. It can be on the Internet. A higher rate of teen suicide has been reported in a small town near me because of bullying. Where does it stop?

A February 22, 2020 Washington Post article, "A 9-year-old bullied to the brink led an Australian rugby team to a roaring crowd" ² captured the gut-wrenching video that the mother of QB took of her 9-year-old son, sitting in the back seat of her car, broken with grief and asking for a knife so he could kill himself. The child, QBwas born with Achondroplasia dwarfism — a rare bone-growth disorder that makes Quaden shorter than other kids. QB's mother posted a video of her son, sitting in the back seat of her car, broken with grief and asking for a knife so he could kill himself, and she spoke about the continuous and damaging bullying her son has endured and the terrible effect upon him. 

The Facebook posting caught the attention of a California-based comedian Brad Williams who was born with the same disability. Williams immediately launched a GoFundMe campaign to raise enough money to accommodate the desire of the Australian boy to go to Disneyland. This campaign has raised significant monies with donations coming in constantly--with $10 amounts and some much larger. Williams says that excess funds from the nearly 10,000 donors will go toward charities that combat bullying and abuse.

fn 1. 

fn 2. Hannah Knowles. "A 9-year-old bullied to the brink led an Australian rugby team to a roaring crowd," The Washington Post, 22 Feb. 2020.

fn 3.  Horton, Alex, and Hannah Knowles. “A wrenching video showed a bullied 9-year-old’s pain. Thousands rallied to send him to Disneyland.” The Washington Post, 23 Feb. 2020. (Expanding on earlier reports). 

 

 

 

 

 

 

 

fn 1. This children's taunt was first listed in 'Folk Phrases of Four Counties' (1894) by G.F. Northall and is first attested in the United States in 'Miss Lindsey' (1936) by S.G. Gibbons. The proverb is found in varying forms: Sticks and stones may break my bones, but hard words cannot hurt me; Sticks and stones can break my bones, but words can never hurt me; Sticks and stones will break my bones, but lies will never hurt me." From "Random House Dictionary of Popular Proverbs and Sayings" (1996) by Gregory Y. Titelman (Random House, New York, 1996).

Covid-19 and Dying with Dignity Issues

UPDATE: March 10, 2020:  Governor Gretchen Whitmer of Michigan signed an Executive Order permitting the use of electronic signatures and electronic visitations during COVID-19 "Stay at Home" Orders. Read more here. https://tinyurl.com/urypra6

UPDATE: May 13, 2021:  The Pfizer vaccine has just been approved for children ages 12 to 15. Contact your local health department for appointments or access local news outlets. See Munson Health Care announcement here. https://tinyurl.com/92rb77r4

Elder lawyers and Family Law lawyers in Michigan and elsewhere been discussing the issue raised so often now during Covid-19. Who gets the ventilator, whose life is worth saving? 

As I read some of the articles from the New York Times submitted by readers in response to the Times' query for letters describing how this health crisis is affecting readers, I came upon one written by a woman who is in Florida watching over the care of her 90+-year-old mother. It was very, very moving.

And those letters made me think of a book that I believe is so unique, so inspirational, so wonderful for folks confronting end-of-life issues and dying with dignity. That book is When Breath Becomes Air, written by Paul Kalanithi. The Foreward was written by Abraham Verghese, Kalanithi's supervising faculty member at Standford. Verghese is senior associate chair and professor for the Theory and Practice of Medicine, Stanford University School of Medicine. He sees patients, teaches students, and he also writes. As a writer, it would have been natural for him to appreciate Kalanithi's eloquence and style. I note on the Amazon website that I have purchased six copies of this book. [Disclosure: I do not receive any commission from Amazon or any other entity for recommending this book.] I don't see a copy of the book here, so I am assuming that I have given away my last copy. Today, I have purchased copy number seven.

New to ZOOM?

 

 

I thought that you might like to see these free ZOOM backgrounds. I'm amazed at how many I see on the INTRO page of this Blog piece, But . . . then . . . if you find one you like (say trees) click on that photo and it will show you 25 or more like it to choose from.

https://www.attorneyatwork.com/zoom-backgrounds-looking-good-in-a-tiny-square/  

Being a hermit . . . I think I might use the crowded forest . . . or how about the one with the Hobbit House? 

 

When you are (if you are) out and about, would you please check my mail and bring it with you when you come . . . (tomorrow?) . . . When you are next shopping, I need some of those little gourmet tomatoes that I like so much? Butternut squash is something I would like to have but can live without. Amazingly . . . I've got everything else I might need. Now to use up the vegetables before they spoil! When was it that I talked about making "Green Soup?" Two or three weeks ago . . . 

 

Comfort food!!  Thanks, Jeanne

Service of Process via Facebook and/or Email

In these days of social distancing, shelter-in-place orders, during the Covid-19 epidemic, being able to serve process upon a defendant has become a difficult issue. Many lawyers express concern about this. Some years ago, I had to achieve service of process in Thailand upon a defendant in a divorce and custody case. I was fortunate to find a then-recent case that explained a process calculated not only to give the trial judge authority to issue an ex parte order authorizing such alternative service of process, but also to provide a framework or process by which the plaintiff could then provide the Court with screenshots showing definitively that service of process had actually been achieved.

The case upon which I relied in filing the motion is Baidoo v. Blood-Dzraku, 2015 NY Slip Op 25096 (N.Y. Sup. Ct., 2015). You can download it below. I've also attached in WORD, a copy of the Order that was entered, redacted for privacy of the parties.

In Baidoo v. Blood-Dzraku in March 2015, Justice Matthew Cooper, ruled that a woman could serve her husband his divorce papers via Facebook message, with her lawyer’s assistance. She couldn’t find a current address for her husband. The only means she had to contact him was through Facebook and the phone.

Using ZOOM for Court Hearings

 

 

 

https://info.courts.mi.gov/virtual-courtroom-info

County-Specific Information about Filing in Michigan Family Law Cases During COVID-19 CRISIS

OAKLAND COUNTY COURT FILINGS.

Filing of Emergency Matters and Court Communication:

             Please note that ALL EMERGENCY matters for Civil, Criminal, and Domestic cases ishould be filed through the SOM MiFile efiling system as of Monday April 13^th. As always if you have filed something, and it is an EMERGENCY, YOU MUST CONTACT THE CHAMBERS of the assigned judge. You will find contact information for the judges on their protocol pages. If you cannot reach someone and the matter is URGENT please use the additional contact information below.

Juvenile and PPO matters are NOT to be efiled. Juvenile legal filings should be emailed to [email protected] All social file documents should be emailed to [email protected] .

If you need to file a PPO please email the PPO required documents to [email protected]. If your case does not appear in the MiFile efiling system please email [email protected] to have it added.

Additional information and the courts orders regarding the COVID-19 Emergency can be found at https://www.oakgov.com/courts/circuit/resources/Pages/COVID-19-Court-Info.aspx  

Additional Emergency Contact Numbers:

• PPO - 248-464-2907
• Friend of the Court - 248-466-2728
• Custody/Parenting Time - 248-466-4863
• Juvenile (delinquency/abuse neglect) - 248-766-7533
• Circuit Civil/Criminal - 248-466-4260
• General email inquiries may be sent to [email protected]

If you need information on appearing via ZOOM please contact the chambers of the assigned judge or email [email protected]

Thank you for your assistance as we all navigate this difficult time.

Executive Order 2020-41: Re: Use of electronic signatures, remote notarizations, affidavits, and acknowledgments

Michigan Governor Gretchen Whitmer signed Executive Order 2020-41 on On Wednesday, April 8, 2020. The Order will reduce unnecessary in-person contact, through the use of electronic signatures, remote notarizations, remote witness attestations and acknowledgments, and remote visitations in order to protect the health and safety of Michigan citizens. Executive Order 2020-41 was effective upon signing and will continue through May 6, 2020 at 11:59 p.m.

Governor Gretchen Whitmer said: “It is important that Michiganders take every precaution to avoid person to person contact. Encouraging the use of e-signatures and alternative means of notarization will protect more people and help us slow the spread of COVID-19 in Michigan. I will continue to work around the clock to ensure we protect the most people we can from this virus.”

Executive Order 2020-41 will help ensure that necessary transactions and interactions may continue to occur during this time of crisis without putting the health of Michigan residents the health of their families at risk.

Unless the law specifically mandates a physical signature, Executive Order 2020-41 temporarily suspends the rules and procedures under the Uniform Electronic Act and permits the use of an electronic signature for a transaction whenever a signature is required under Michigan law. Additionally, the order specifics that any notarial act that is required under Michigan law may be performed utilizing two-way real-time audiovisual technology, provided that certain conditions within the order are met.

Parenting During the Covid-19 Crisis: Face Masks! Easy to Make and Necessary to Wear

The best advice / best practice I am seeing these days is this: ALL people walking outside, and especially those people who may be out and about (getting groceries or other supplies, for example), should be wearing masks. I saw two shoppers leaving my favorite grocery store yesterday while I sat in my car, waiting for curbside service delivery at the Long Lake Oleson's Market that was Oh So Prompt!

The Washington Post published yesterday, as part of its free Covid-90 coverage provided to all, a terrific article/how-to / AND pattern so that people can make their own face masks. Grace Jun, assistant professor of fashion at Parsons School of Design and chief executive of Open Style Lab, who wrote this pattern after consulting with the New York City Mayor’s Office for People with Disabilities and the NYU Langone Medical Center.

The article, the pattern, and video instructions are at this link. You can print the pattern on your home printer!  This pattern is designed to be sewn with a machine, but it can be hand-sewn, too. As you can see from the photo here, some folks are getting pretty creative with their fabric choices. It's OK to repurpose an old shirt, though.  See also the CDC recommendations here. 

UPDATES:  There will be regular updates to this series of Blog Posts. Please consider subscribing to this Blog. There are two ways to do that.  Feedblitz:  Subscribe by typing your email address by clicking on "Subscribe" on the lefthand side of the page, just under the big H in the banner. You'll then receive an email from Feedblitz each time the Blog is updated. If the topic doesn't appeal . . . that's what the delete button is for. OR use RSS Feed: There is a link to subscribe by RSS feed just above my photo on the left-hand side of the page.  We don't sell your information to anyone and you can unsubscribe easily at any time.

Please share with your social media
group(s). I believe that you can also share by Twitter,
Reddit, Facebook.

Relocation Reality--After a D.I.Y. Divorce case--with no Money to Appeal

Many people choose to do a do-it-yourself divorce. Sometimes it is a mutual decision and the divorce is quite simple. Perhaps the parties own no real estate, have no retirement accounts, have no minor children. That's really simple. 

However, when the parties have minor children--where child custody, parenting time and child support are issues--that is a different situation. Major mistakes can be made by people--people with little education or even people with a college education. If real estate is involved--that's another problem. What about retirement plans? What if the mother has been a stay-at-home mom since the children were born? What if her background does not include any knowledge about retirements? Often, retirement benefits are the most valuable assets of the marriage.

And . . . what if Dad is really just lying to her . . . it's NOT a D.I.Y. divorce for him. He has a lawyer guiding him in the background. Mom has no lawyer. And Dad is very persuasive or devious. So Mom is in the DARK. Dad engages in emotional abuse and financial abuse to get his way. And the "dirty deed" is done. It's been done before, and it will be done again. Below is a redacted brief, actually filed in a court, with some hope that equity could prevail. See the last page . . . the Download is below the image.

 

Download OTHER.SHOE.BRIEF

Parenting During the Covid-19 Crisis Online Art Classes for Kids | Part 2

The Coronavirus, school closures, shelter in place orders bring challenges to families. Parents working from home and children home from school. How can parents keep their children busy, happy, and productive?

On the Internet:   Online Art Classes for Kids- Totally Free Resources to Use Anywhere. Wow! There are so many choices. Many of these use everyday items you might find around your house. Here is an example of the free activities that are explained: 

[Image free from Vector Stock]

https://www.kitchentableclassroom.com/category/for-kids/drawing/

There are so many activities, it will provide children with a great "trip around the site" to see the possibilities for creative work. Imagine what it would be like to build a "time capsule" when we are finally through this crisis so that your children and grandchildren can experience a little bit of what this has been like!