Cochrane v. Brown, __Mich App__(1999), No. 210898 (February 19, 1999)
Domestic Relations ReviewDefendant appeals from trial courts order denying his request for change of custody of his children. The trial court based its decision on the findings of fact and recommendation of the referee of the Friend of the Court, declining to conduct its own de novo hearing, even though this was requested by the defendant. Under MCL 522.507(5); MSA 25.176(7) (5), a trial court "shall hold a de novo hearing on any matter that has been the subject of a referee hearing, upon the written request of either party or upon the motion of the court." MCR 3.215(E) (3) (b) further specifies a time limit of 21 days to file such an objection. Also relevant is MCR 3.215 (F) (2), which states, "If both parties consent, the judicial hearing may be based solely on the record of the referee hearing."
The defendant's objections were both timely and in writing. The Court of Appeals held that the timely filing of written objections and request that the court entertain additional evidence triggers the requirements under the statute for a full de novo hearing. Therefore, the trial courts failure to conduct a de novo trial was a legal error. Remanded.
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