Schlender v. Schlender,__Mich App__(1999), No. 208285 (April 9, 1999)
Defendant appeals the trial court order denying his post-divorce judgment motion for change of custody of the parties minor child.
The parties were divorced in August, 1993. The divorce provided for joint legal custody, and the plaintiff was the primary custodial parent. In October of 1997, defendant filed for change of custody, in accordance with the circuit court's Administrative Policy 1996-16. The trial court denied the defendant's motion.
The Court of Appeals found that the administrative policy is invalid; "it is, in fact, an attempt at promulgating a local court rule" not adopted under MCR 8.112(A)(2), that the defendant was entitled to an evidentiary hearing on his motion and that there was no basis for a circuit court to adopt a policy eliminating that entitlement. Reversed and Remanded.
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