In Weiss v Gross, Docket No. 308804, Decided July 17, 2012 [Unpublished], the court of appeals affirmed the trial court's denial of the mother's request to change the child's school district. The mother attempted to present the case as quite similar to the Pierron v Pierron factual situation. She claimed that the 25 mile move would not have any impact on the established custodial environment ("ECE"). [In Pierron, the change in school resulted in a 60 mile distance between the mother's house and the father's house, yet did not result in a change in the ECE.]
The COA, however, noted that the trial judge's decision (Judge David Hoort in the Ionia Family Court) recognized some disparities between this case and Pierron. The COA also examined this case in light of the published decision in Gagnon v Glowacki, 295 Mich App 557, __ NW2d __ (2012) and upheld the trial court's denial of the mother's motion to change schools.
This case, as is true in most family law cases, is dependent upon its own unique facts. The distinctions made by the court between the factual basis for the
Pierron decision, the
Gagnon decision and the trial court's handling of this case makes for a good review of the applicable law. These cases are instructive to parents and also to parents' lawyers in preparing for hearings and developing the evidence to support the underpinning of the case.
Download Weiss_v_Gross, Docket No. 308804, Decided July 16, 2012 [Unpublished].
Download Pierron_v_Pierron, 486 Mich 81, 85; 782 NW2d 480 (2010).
Download Gagnon_v_Glowacki, 295 Mich App 557; ___ NW2d ___ (2012).
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