Tuesday, September 6, 2005
Case Law Developments: Trial Court May Not Enter “Reasonable Visitation” Order If Specific Parenting Time Plan Requested
In this case, the Michigan Court of Appeals provides us with fabulous final exam question material and interesting analysis of some unique issues.
The issue of first impression presented by the case was whether trial courts may order "reasonable visitation" when one party has requested a specific parenting time. The Michigan Court of Appeals held that, under the terms of Michigan's custody statutes, a trial court must enter an order detailing specific parenting times if a party requests, even if the request is oral and during the pendency of the hearing.
In addition to the parenting time issues in this case, however, the Court of Appeals reviewed:
- division of pension survivor benefits, including the trial court's distribution of a portion of husband’s separate property;
- division of a personal injury award;
- transmutation of husband’s contribution to the purchase of a family home; and
- effect of a post-nuptial agreement of the division of property.
Pickering v. Pickering, 2005 Mich. App. LEXIS 2126 (August 30, 2005)
Text of opinion on web at http://courtofappeals.mijud.net/documents/OPINIONS/FINAL/COA/20050830_C253342_46_253342.OPN.PDF