UPDATES IN MICHIGAN FAMILY LAW

Child Custody Proceedings and SCAO Time Pressures

In a new opinion issued on June 29, 2017 by the Michigan Court of Appeals, the COA admonished the trial court for apparently putting the issue of docket control ahead of the lawful exercise of the court's powers under the Child Custody Act. Fante v Nova, Docket Nos 334735; 336085 (Consolidated on appeal)

The defendant father appealed orders of the trial court modifying custody of the parties’ children to “return” sole physical custody to plaintiff mother after the children had spent more than a year in defendant’s sole care. The Court later dismissed defendant father’s motion to modify custody when he did not appear for a hearing, and later denied the father's renewed motion to modify custody and parenting time. He appealed to the Michigan Court of Appeals.

The COA vacated and remanded, requiring the trial court to hear the father's motion to change custody. This Court of Appeals Opinion concisely and clearly sets out the approach a trial court must take in a contest custody and/or parenting time case. It is an excellent summary of how these cases should proceed.

Change of Schools | Cases are Fact-Specific

In Weiss v Gross, Docket No. 308804, Decided July 17, 2012 [Unpublished], the court of  appeals affirmed the trial court's denial of the mother's request to change the child's school district.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.