Blog Posts Tagged with Michigan child custody dispute; Michigan trial court jurisdiction; Michigan Child Custody Act; Motion to change domicile; Custody order; Custody appeal; MCL 722.27; MCR 7.208; Lemmen v Lemmen

Trial Court Can Consider Motion To Change Child’s Domicile While Appeal Is Pending

by: Matt Newburg

April 10, 2018 at 8:08 AM EDT

While an issue in a custody case is being appealed, the trial court that presided over the matter retains jurisdiction and may consider a motion to change the domicile of the child, the Michigan Supreme Court has ruled.

In Safdar v Aziz, the Supreme Court explained that the Child Custody Act – specifically MCL 722.27(1) – authorizes the trial court’s continuing jurisdiction to modify or amend its previous judgments or orders. This is an exception to the Michigan Court Rules...