FALL 2022 EDITOR'S NOTE: ALL ARTICLES IN THIS ISSUE WERE DRAFTED BY THEIR AUTHORS IN JULY 2022. INSIDE THIS ISSUE:
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by Kate Weaver (Oakland)Thank you to all who attended our annual meeting on June 3, 2022. We had our elections and your new Board has begun their journey in supporting RAM for next two years. Each Board member has numerous goals for this great organization and will work hard towards achieving those goals. Those goals include increasing participation with the membership, migrating the listserv to a Google Group, getting our new website up and running, getting our meetings and conference back in person, increasing information and participation for Juvenile Referees, becoming an SCAO-approved legal-education provider, and MORE. We will work tirelessly in these efforts. Please join us; you do not have to be on the Board to contribute!
Let me introduce you to the RAM 2022-2024 Board. Each member brings key experience, network, and leadership that is critical to ensuring our organization remains at the forefront of information, guidance, training, and expertise, as is required in our important work. Their service to this organization is so appreciated. By Coryelle Christie (1) (Genesee)In family law, Judges, lawyers, and litigants are always trying to find new ways to assist families in a manner that avoids constant litigation. Litigation takes time and resources from the Court, which is already overburdened. In addition, litigation is very hard on families. While a trial is an option, it is usually a very invasive, unpleasant experience that can leave a family even more broken than before. For these reasons, alternative dispute resolution methods can be a great solution for many families. Courts have many options, such as FIG conferences at the FOC, mediation, collaborative law, or arbitration. The use of these methods vary by county.
In some counties, courts and litigants have started utilizing guardian ad litems (GAL), lawyer-guardian ad litems (LGAL), and parenting coordinators with greater regularity. While these roles have existed within the law for some time, an increase in use has been seen in recent years. Along with the greater use, however, comes confusion regarding what these roles are and how they can be used. Part of the confusion in defining these three roles is that the term guardian and guardian ad litem are used throughout several areas of law. Therefore, many may have trouble distinguishing which laws apply to which role. Further, while there is some guidance for these roles in statute, not all are well defined, and there is not a large body of case law. BY PETER M. KULAS-DOMINGUEZ (KENT)The following are pending proposed changes to Michigan Court Rules (Please note, stricken text is indicated as: <text with strikethrough>): ADM File No. 2002-37: Amendment of MCR 1.109.
BY Jenny McNeill (muskegon)The Legislature is now in the second year of the two-year session. The bills introduced in the first year carry over to this year. The bills we need to pay close attention to are the joint custody / parenting bills. DOMESTIC RELATIONSHB 4195 AMENDMENT DIVORCE COMPLAINTS This bill amendment indicates a complaint for divorce is not made available on public record until a proof of service is filed or 92 days have expired from the date the complaint was filed, whichever occurs first. Status: This bill was passed and became effective October 1, 2022. BY RYAN O'NEIL (Oakland)CUSTODYSmith v Rotterdam, unpublished per curiam opinion of the Court of Appeals, issued January 27, 2022 (Docket No. 357940)
Dueling post-judgment motions to modify custody. The trial court found that the minor child had an established custodial environment with both parties, applied the clear and convincing standard, and found that four (4) best interest factors favored Father while none favored Mother and granted Father’s motion to sole physical custody. Mother appealed the finding that the minor child had an established custodial environment with both parents, but the Court of Appeals rejected (and was seemingly confused) by this argument since the trial court applied the higher clear and convincing standard. Second, while the trial court did not find either a change in circumstance or proper cause, it was not necessary for them to do so since the parties were seeking to modify a temporary order. The Court opined, |
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