May 31, 2017, Introduced by Reps. Runestad, Kelly, VanSingel, Lucido, Hauck, Cole and Tedder and referred to the Committee on Judiciary.
A bill to amend 1970 PA 91, entitled
"Child custody act of 1970,"
by amending sections 1, 2, 3, 4, 6a, 7, 7a, and 11 (MCL 722.21,
722.22, 722.23, 722.24, 722.26a, 722.27, 722.27a, and 722.31),
section 2 as amended by 2015 PA 51, section 3 as amended by 2016 PA
95, section 4 as amended by 1998 PA 482, section 6a as added by
1980 PA 434, section 7 as amended by 2015 PA 52, section 7a as
amended by 2016 PA 96, and section 11 as added by 2000 PA 422.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. This act shall be known and may be cited as the "child
custody
act of 1970"."Michigan
shared parenting act".
Sec. 2. As used in this act:
(a) "Active duty" means that term as defined in section 101 of
the servicemembers civil relief act, 50 USC 511, except that
"active
duty" includes full-time national guard National Guard
duty.
(b) "Agency" means a legally authorized public or private
organization, or governmental unit or official, whether of this
state or of another state or country, concerned in the welfare of
minor children, including a licensed child placement agency.
(c) "Attorney" means, if appointed to represent a child under
this act, an attorney serving as the child's legal advocate in a
traditional attorney-client relationship with the child, as
governed by the Michigan rules of professional conduct. An attorney
defined under this subdivision owes the same duties of undivided
loyalty, confidentiality, and zealous representation of the child's
expressed wishes as the attorney would to an adult client.
(d) "Child" means minor child and children. Subject to section
5b of the support and parenting time enforcement act, 1982 PA 295,
MCL 552.605b, for purposes of providing support, child includes a
child and children who have reached 18 years of age.
(e) "Deployment" means the movement or mobilization of a
servicemember to a location for a period of longer than 60 days and
not longer than 540 days under temporary or permanent official
orders as follows:
(i) That are designated as unaccompanied.
(ii) For which dependent travel is not authorized.
(iii) That otherwise do not permit the movement of family
members to that location.
(iv) The servicemember is restricted from travel.
(f) "Established custodial environment" means the environment
of a child established over an appreciable time where the child
naturally looks to the party for guidance, discipline, the
necessities of life, and parental comfort.
(g) (f)
"Grandparent" means a
natural or adoptive parent of a
child's natural or adoptive parent.
(h) (g)
"Guardian ad litem" means
an individual whom the court
appoints to assist the court in determining the child's best
interests. A guardian ad litem does not need to be an attorney.
(i) "Joint legal custody" means the parents share decision-
making authority as to the important decisions affecting the
welfare and well-being of the child.
(j) (h)
"Lawyer-guardian ad
litem" means an attorney appointed
under section 4. A lawyer-guardian ad litem represents the child,
and has the powers and duties, as set forth in section 4.
(k) "Legal recognition of parentage" means that parentage is
established under the paternity act, 1956 PA 205, MCL 722.711 to
722.730, the child's father has acknowledged paternity under the
acknowledgment of paternity act, 1996 PA 305, MCL 722.1001 to
722.1013, parentage is established under the Michigan adoption
code, chapter X of the probate code of 1939, 1939 PA 288, MCL
710.21 to 710.70, or parentage is established under the law of
another state.
(l) "Materially compromised" means diminished outcomes that
exceed minor deviations and that would have a significant and
profound impact on the well-being of the child.
(m) (i)
"Parent" means the
natural or adoptive parent of a
child.
(n) "Parenting time" means the time the child spends with
either parent.
(o) (j)
"State disbursement unit"
or "SDU" means the entity
established in section 6 of the office of child support act, 1971
PA 174, MCL 400.236.
(p) "Substantially equal parenting time" means the child
resides for alternating periods of time with each parent and that
the court seeks to provide balance and equality in overnights, with
1 parent not to exceed 200 overnights in a year unless otherwise
adjusted for or agreed to by the parties.
(q) (k)
"Third person" means an
individual other than a
parent.
Sec. 3. As used in this act, "best interests of the child"
means
the both of the following:
(a) Maintaining an ongoing relationship with each parent and
the right of the child to a substantially equal parenting time
arrangement that promotes a strong relationship between a child and
his or her parents.
(b) The sum total of the following factors to be considered,
evaluated, and determined by the court, recognizing that both
parents, individually and collectively, contribute directly and
financially and that parenting includes a division of labor:
(i) (a)
The love, affection, and other
emotional ties existing
between the parties involved and the child.
(b)
The capacity and disposition of the parties involved to
give
the child love, affection, and guidance and to continue the
education
and raising of the child in his or her religion or creed,
if
any.
(c)
The capacity and disposition of the parties involved to
provide
the child with food, clothing, medical care or other
remedial
care recognized and permitted under the laws of this state
in
place of medical care, and other material needs.
(d)
The length of time the child has lived in a stable,
satisfactory
environment, and the desirability of maintaining
continuity.
(e)
The permanence, as a family unit, of the existing or
proposed
custodial home or homes.
(f)
The moral fitness of the parties involved.
(g)
The mental and physical health of the parties involved.
(h)
The home, school, and community record of the child.
(i)
The reasonable preference of the child, if the court
considers
the child to be of sufficient age to express preference.
(ii) The capacity and a history of the parents providing for,
through financial support or otherwise, the child's education
endeavors and health care needs.
(iii) The capacity and a history of the parents providing,
through financial support or otherwise, food, clothing, and other
necessities of the child's daily life.
(iv) A history of the parents maintaining regular and ongoing
contact with the child and the impact on the child if regular and
ongoing contact with the parents is not maintained.
(v) The capacity and a history of the parents to provide age-
appropriate emotional and social development.
(vi) A parent's behavior extending beyond reasonable parenting
practices that materially compromises the stability of the home or
the health, safety, or well-being of the child.
(vii) A mental or physical condition of a parent that
materially compromises the stability of the home or the health,
safety, or well-being of the child.
(viii) The impact on the child's academics if regular and
ongoing contact with both parents is not maintained.
(ix) If a parent is engaged in criminal activity or substance
use that materially compromises the stability of the home or the
health, safety, or well-being of the child.
(x) (j)
The willingness and ability of each
of the parties to
facilitate and encourage a close and continuing parent-child
relationship between the child and the other parent or the child
and the parents. A court may not consider negatively for the
purposes of this factor any reasonable action taken by a parent to
protect a child or that parent from sexual assault or domestic
violence by the child's other parent or a person in the child's
home.
(k)
Domestic violence, regardless of whether the violence was
directed
against or witnessed by the child.
(xi) (l) Any
other factor considered by the court to be
relevant
to a particular child custody dispute.that may materially
compromise the stability of the home or the health, safety, or
well-being of the child.
Sec. 4. (1) In all actions involving dispute of a minor
child's custody, the court shall declare the child's inherent
rights
and establish the rights responsibilities
and duties as to
the child's custody, support, and parenting time in accordance with
this act.
(2) If, at any time in the proceeding, the court determines
that the child's best interests are inadequately represented, the
court may appoint a lawyer-guardian ad litem to represent the
child. A lawyer-guardian ad litem represents the child and has
powers and duties in relation to that representation as set forth
in section 17d of chapter XIIA of 1939 PA 288, MCL 712A.17d. All
provisions of section 17d of chapter XIIA of 1939 PA 288, MCL
712A.17d, apply to a lawyer-guardian ad litem appointed under this
act.
(3) In a proceeding in which a lawyer-guardian ad litem
represents a child, he or she may file a written report and
recommendation. The court may read the report and recommendation.
The
court shall not , however, admit
the report and recommendation
into evidence unless all parties stipulate the admission. The
parties may make use of the report and recommendation for purposes
of a settlement conference.
(4) After a determination of ability to pay, the court may
assess all or part of the costs and reasonable fees of the lawyer-
guardian ad litem against 1 or more of the parties involved in the
proceedings or against the money allocated from marriage license
fees for family counseling services under section 3 of 1887 PA 128,
MCL 551.103. A lawyer-guardian ad litem appointed under this
section shall not be paid a fee unless the court first receives and
approves the fee.
Sec. 6a. (1) If the parents reside together at the time the
custody or divorce action is filed, it is presumed that both
parents have established a custodial environment for the purpose of
determining custody and parenting time arrangements.
(2) If the parents do not reside together, at the time the
child custody action or divorce action is filed, each party shall
be given 90 days to notify the court and the other party of his or
her intention to preserve his or her established custodial
environment.
(3) If a parent provides timely notification as described in
subsection (2), the court shall presume that the parent has
maintained the established custodial environment for the purpose of
determining custody and parenting time arrangements.
(4) A parent may rebut the presumption of an established
custodial environment under subsection (1) or (3) by presenting
clear and convincing evidence that maintaining the established
custodial environment with the other parent is not in the child's
best interest.
(5) If a parent notifies the court after the 90-day period
provided in subsection (2), the court shall provide the parent with
an opportunity for reunification with the child and order that an
effort for reunification of the child with the parent be made,
unless the court determines by clear and convincing evidence that
reunification is not in the child's best interest under subsection
(11).
(6) If the presumption of an established custodial environment
under subsection (1) or (3) is rebutted because that parent was
unaware of the parentage or was unable to make routine contact with
the child, the parent shall be given 90 days from the date of legal
recognition of parentage or from the date the court rebuts the
presumption to notify the court that he or she is establishing his
or her custodial environment.
(7) After notification described in subsection (2), the court
shall provide the parent with an opportunity for unification with
the child and order that an effort for unification of the child
with the parent be made, unless the court determines by clear and
convincing evidence that unification is not in the child's best
interest under subsection (11).
(8) Except as provided in subsection (6), if the presumption
of an established custodial environment under subsection (1) or (3)
is rebutted, the court shall order reasonable parenting time
according to section 7a.
(9)
(1) In custody disputes between parents, the parents
shall
be advised by the court of the presumption of joint legal custody
and substantially equal parenting time and of the deadlines
provided
in this section. At the request of
either parent, the
court
shall consider an award of joint custody, and shall state on
the
record the reasons for granting or denying a request. In other
cases
joint custody may be considered by the court. The court shall
determine
whether joint custody is in the best interest of the
child
by considering the following factors:
(a)
The factors enumerated in section 3.
(b)
Whether the parents will be able to cooperate and
generally
agree concerning important decisions affecting the
welfare
of the child.
(10) A court shall grant joint legal custody to the parents
unless the parents mutually consent to another agreement or 1
parent demonstrates by clear and convincing evidence that a child's
health, safety, or well-being would likely be materially
compromised. If the court determines that the parents, if awarded
joint legal custody, are not likely to cooperate or agree
concerning important decisions affecting the welfare of the child,
the court may do the following:
(a) Refer the parents to appropriate services until the
parents are able to cooperate and agree on important decisions for
the benefit of the child.
(b) Inform the parents that the court may revoke joint legal
custody if the child's health, safety, or well-being would likely
be materially compromised by the parents' inability to agree.
(c) Order that no changes may be made with regard to the
child's schooling or other important decisions until the parents
are able to agree on important issues for the benefit of the child
or agree to a decision-making process or designee to settle
disputes for the benefit of the child.
(d) Any other action the court considers necessary to bring
the parents into cooperation for the benefit of the child.
(11) If an established custodial environment has been created
by both parents, a court shall order that it is in the best
interests of the child to grant the parents substantially equal
parenting time unless the parents consent to another agreement or 1
parent demonstrates by clear and convincing evidence 1 of the
following:
(a) The child has been exposed to domestic violence,
regardless of whether the violence was directed against or
witnessed by the child, including violence the child may be exposed
to by a family member or an unrelated person whom the parent allows
to have contact with the child.
(b) The child would likely be subjected to child abuse or
child neglect as those terms are defined in section 2 of the child
protection law, 1975 PA 238, MCL 722.622.
(c) If the relationship between the child and a parent is
materially harmed during the child's time with the other parent due
to actions that attempt to frustrate the relationship or alienate
the child from the parent.
(d) A parent has knowingly made false or misleading
allegations regarding child abuse, child neglect, or domestic
violence in a family court proceeding.
(e) A child has a strong, genuine, and reasonable preference
if the court considers the child to be of sufficient age and
maturity to express preference and that preference is not caused as
a result of parental alienation. Predominant weight shall be given
to a child's preference after he or she turns 16 years of age.
(12)
(2) The court shall allow the parents sufficient
time to
consider and discuss a parenting time arrangement. If the parents
agree on joint legal custody and parenting time, the court shall
award joint legal custody and the parenting time agreement unless
the court determines on the record, based upon clear and convincing
evidence, that joint legal custody or the parenting time agreement
is not in the best interests of the child.
(13) (3)
If the court awards joint custody, If
the parents do
not agree to parenting time, the court may refer the parents to
services to come to an agreement in the best interests of the child
or include in its award a statement regarding when the child shall
reside
with each parent, or may provide that physical custody be
shared
by the parents in a manner to assure
ensure the child
continuing contact with both parents.
(14) (4)
During the time a child resides
with a parent, that
parent shall decide all routine matters concerning the child.
(15) (5)
If there is a dispute regarding residency, If the
parents have joint legal custody, the court shall designate 1 of
the parents' addresses as the official residence solely for the
purpose of all other state or federal statutes that require a
designation or determination of custody or residence without
respect to parenting time. The court shall state the basis for a
residency
award determination on the record or in writing.
(16) (6)
Joint legal custody shall does not
eliminate the
responsibility
for child support. Each parent shall must be
responsible for child support based on the needs of the child and
the actual resources of each parent. If a parent would otherwise be
unable to maintain adequate housing for the child and the other
parent has sufficient resources, the court may order modified
support payments for a portion of housing expenses even during a
period when the child is not residing in the home of the parent
receiving support. If a parent who is responsible for paying
support would otherwise be unable to maintain adequate housing for
the child and the other parent has sufficient resources, the court
may reduce support payments for the benefit of the child. An order
of
joint legal custody, in and of itself, shall does not
constitute
grounds for modifying a support order.
(7)
As used in this section, "joint custody" means an order of
the
court in which 1 or both of the following is specified:
(a)
That the child shall reside alternately for specific
periods
with each of the parents.
(b)
That the parents shall share decision-making authority as
to
the important decisions affecting the welfare of the child.
Sec. 7. (1) If a child custody dispute has been submitted to
the circuit court as an original action under this act or has
arisen incidentally from another action in the circuit court or an
order or judgment of the circuit court, for the best interests of
the child the court may do 1 or more of the following:
(a)
Award the custody of the child to 1 or more of the parties
involved
or to others and provide Provide
for payment of support
for the child, until the child reaches 18 years of age. Subject to
section 5b of the support and parenting time enforcement act, 1982
PA 295, MCL 552.605b, the court may also order support as provided
in this section for a child after he or she reaches 18 years of
age.
The court may require that support payments shall must be
made
through the friend of the court, court clerk, or state disbursement
unit.
(b)
Provide for reasonable parenting time of the child by the
parties
involved, by the maternal or paternal grandparents, or by
others,
by general or specific terms and conditions. Parenting time
of
the child by the parents is governed by section 7a.
(b) (c)
Subject to subsection (3), modify
or amend its
previous
judgments or orders for proper cause shown or because of
change
of circumstances according to
section 6a until the child
reaches 18 years of age and, subject to section 5b of the support
and parenting time enforcement act, 1982 PA 295, MCL 552.605b,
until
the child reaches 19 years and 6 months of age. The court
shall
not modify or amend its previous judgments or orders or issue
a
new order so as to change the established custodial environment
of
a child unless there is presented clear and convincing evidence
that
it is in the best interest of the child. The custodial
environment
of a child is established if over an appreciable time
the
child naturally looks to the custodian in that environment for
guidance,
discipline, the necessities of life, and parental
comfort.
The age of the child, the physical environment, and the
inclination
of the custodian and the child as to permanency of the
relationship
shall also be considered. If a
motion for change of
custody is filed while a parent is active duty, the court shall not
consider a parent's absence due to that active duty status in a
best interest of the child determination.
(c) (d)
Utilize a guardian ad litem or the
community resources
in behavioral sciences and other professions in the investigation
and study of custody disputes and consider their recommendations
for the resolution of the disputes.
(d) (e)
Take any other action considered to
be necessary in a
particular child custody dispute.
(e) (f)
Upon petition consider the
reasonable grandparenting
time of maternal or paternal grandparents as provided in section 7b
and, if denied, make a record of the denial.
(2) A judgment or order entered under this act providing for
the support of a child is governed by and is enforceable as
provided in the support and parenting time enforcement act, 1982 PA
295, MCL 552.601 to 552.650. If this act contains a specific
provision regarding the contents or enforcement of a support order
that conflicts with a provision in the support and parenting time
enforcement act, 1982 PA 295, MCL 552.601 to 552.650, this act
controls in regard to that provision.
(3) As provided in the servicemembers civil relief act, 50 USC
501 to 597b, if a motion for change of joint legal custody or
parenting time is filed during the time a parent is on deployment,
a
parent may file and the court shall entertain grant an
application for stay. The court shall not enter an order modifying
or amending a previous judgment or order, or issue a new order,
that
changes the child's placement joint
legal custody or parenting
time that existed on the date the parent was called to deployment,
except
that the court may enter a temporary custody parenting time
order if there is clear and convincing evidence that it is in the
best
interests of the child. When a temporary custody parenting
time order is issued under this subsection, the court may include a
limit
on the period of time that the temporary custody parenting
time order remains in effect. At any stage before final judgment in
the proceeding, the parent may file an application for stay or
otherwise request a stay of the proceedings or file an application
for
an extension of a stay. The parent and the custodial child are
not required to be present to consider the application for stay or
extension of a stay. The application for stay or extension of a
stay is sufficient if it is a signed, written statement, certified
to be true under penalty of perjury. The same conditions for the
initial stay apply to an application for an extension of a stay.
The parent's duration of deployment shall not be considered in
making a best interest of the child determination.
(4) In order to ensure and maintain the established custodial
environment and stability for the child, the parent on deployment
may designate a third party who may exercise the deployed parent's
parenting time while that parent is on deployment.
(5) (4)
The parent shall inform the court
of the deployment
end date before or within 30 days after that deployment end date.
Upon notification of a parent's deployment end date, the court
shall reinstate the joint legal custody and parenting time order in
effect immediately preceding that period of deployment. If a motion
for change of joint legal custody or parenting time is filed after
a parent returns from deployment, the court shall not consider a
parent's absence due to that deployment in making a best interest
of the child determination. Future deployments shall not be
considered in making a best interest of the child determination.
(6) (5)
If the deploying parent and the
other parent share
joint legal custody, the deploying parent must notify the other
parent of an upcoming deployment within a reasonable period of
time.
Sec.
7a. (1) Parenting time shall be granted in accordance
with
the best interests of the child. A
parenting time order may
contain any reasonable term or condition that facilitates the
orderly and meaningful exercise of parenting time by a parent,
including 1 or more of the following:
(a) Division of the responsibility to transport the child.
(b) Division of the cost of transporting the child.
(c) Restriction on the presence of third persons during
parenting time, if it is determined by the court to impact the
health, safety, or well-being of the child.
(d) Requirement that the child be ready for parenting time at
a specific time.
(e) Requirement that the parent arrive for parenting time and
return the child from parenting time at specific times.
(f) Requirement that parenting time occur in the presence of a
third person.
(g) Requirement that a parent post a bond to ensure compliance
with a parenting time order.
(h) Requirement of reasonable notice when parenting time will
not occur.
(i) Any other reasonable condition determined to be
appropriate in the particular case.
(2) Except as provided in this subsection, a parenting time
order shall contain a prohibition on exercising parenting time in a
country that is not a party to the Hague Convention on the Civil
Aspects of International Child Abduction. This subsection does not
apply if both parents provide the court with written consent to
allow a parent to exercise parenting time in a country that is not
a party to the Hague Convention on the Civil Aspects of
International Child Abduction.
(3) If the court awards substantially equal parenting time,
parenting time shall be granted in accordance with the best
interests of the child and the provisions of section 6a.
(4) If the court orders a parenting time arrangement other
than substantially equal parenting time to both parties,
subsections (5) to (12) apply.
(5) It is presumed to be in the best interests of a child for
the child to have a strong relationship with both of his or her
parents. Except as otherwise provided in this section, parenting
time shall be granted to a parent in a frequency, duration, and
type reasonably calculated to promote a strong relationship between
the child and the parent granted parenting time.
(6) (2)
If the parents of a child agree on
parenting time
terms, the court shall order the parenting time terms unless the
court determines on the record by clear and convincing evidence
that the parenting time terms are not in the best interests of the
child.
(7) (3)
A child has a right to parenting
time with a parent
unless it is shown on the record by clear and convincing evidence
that it would endanger the child's physical, mental, or emotional
health.
(8) (4)
Notwithstanding other provisions of
this act, if a
proceeding regarding parenting time involves a child who is
conceived as the result of acts for which 1 of the child's
biological parents is convicted of criminal sexual conduct as
provided in sections 520a to 520e and 520g of the Michigan penal
code, 1931 PA 328, MCL 750.520a to 750.520e and 750.520g, or a
substantially similar statute of another state or the federal
government, or is found by clear and convincing evidence in a fact-
finding hearing to have committed acts of nonconsensual sexual
penetration, the court shall not grant parenting time to that
biological parent. This subsection does not apply to a conviction
under section 520d(1)(a) of the Michigan penal code, 1931 PA 328,
MCL 750.520d. This subsection does not apply if, after the date of
the conviction, or the date of the finding in a fact-finding
hearing described in this subsection, the biological parents
cohabit and establish a mutual custodial environment for the child.
(9) (5)
A parent may assert an affirmative
defense of the
provisions
of subsection (4) (8) in a proceeding brought by the
offending
parent regarding a child described in subsection (4).(8).
(10) (6)
Notwithstanding other provisions of
this act, if an
individual is convicted of criminal sexual conduct as provided in
sections 520a to 520e and 520g of the Michigan penal code, 1931 PA
328, MCL 750.520a to 750.520e and 750.520g, and the victim is the
individual's child, the court shall not grant parenting time with
that child or a sibling of that child to that individual, unless
both the child's other parent and, if the court considers the child
or sibling to be of sufficient age to express his or her desires,
the child or sibling consent to the parenting time.
(11) (7)
The court may shall consider
the following factors
when determining the frequency, duration, and type of parenting
time to be granted:
(a) The existence of any special circumstances or needs of the
child.
(b) Whether the child is a nursing child less than 6 months of
age. ,
or less than 1 year of age if the child receives substantial
nutrition
through nursing.
(c) The reasonable likelihood of child abuse or child neglect
of the child during parenting time.
(d) The reasonable likelihood of abuse of a parent resulting
from the exercise of parenting time.
(e) The inconvenience to, and burdensome impact or effect on,
the child of traveling for purposes of parenting time.
(f) Whether a parent can reasonably be expected to exercise
parenting time in accordance with the court order.
(g) Whether a parent has frequently failed to exercise
reasonable parenting time.
(h) The threatened or actual detention of the child with the
intent to retain or conceal the child from the other parent who has
joint legal custody or from a third person who has legal custody. A
custodial parent's temporary residence with the child in a domestic
violence shelter shall not be construed as evidence of the
custodial parent's intent to retain or conceal the child from the
other parent.
(i) Any other relevant factors.
(12) (8)
Parenting time shall be granted in
specific terms if
requested by either party at any time.
(9)
A parenting time order may contain any reasonable terms or
conditions
that facilitate the orderly and meaningful exercise of
parenting
time by a parent, including 1 or more of the following:
(a)
Division of the responsibility to transport the child.
(b)
Division of the cost of transporting the child.
(c)
Restrictions on the presence of third persons during
parenting
time.
(d)
Requirements that the child be ready for parenting time at
a
specific time.
(e)
Requirements that the parent arrive for parenting time and
return
the child from parenting time at specific times.
(f)
Requirements that parenting time occur in the presence of
a
third person or agency.
(g)
Requirements that a party post a bond to assure compliance
with
a parenting time order.
(h)
Requirements of reasonable notice when parenting time will
not
occur.
(i)
Any other reasonable condition determined to be
appropriate
in the particular case.
(10)
Except as provided in this subsection, a parenting time
order
shall contain a prohibition on exercising parenting time in a
country
that is not a party to the Hague Convention on the Civil
Aspects
of International Child Abduction. This subsection does not
apply
if both parents provide the court with written consent to
allow
a parent to exercise parenting time in a country that is not
a
party to the Hague Convention on the Civil Aspects of
International
Child Abduction.
(13) (11)
During the time a child is with a
parent to whom
parenting time has been awarded, that parent shall decide all
routine matters concerning the child.
(14) (12)
Prior to entry of a temporary
order, a parent may
seek an ex parte interim order concerning parenting time. If the
court enters an ex parte interim order concerning parenting time,
the party on whose motion the ex parte interim order is entered
shall have a true copy of the order served on the friend of the
court and the opposing party.
(15) (13)
If the opposing party objects to
the ex parte
interim order, he or she shall file with the clerk of the court
within 14 days after receiving notice of the order a written
objection to, or a motion to modify or rescind, the ex parte
interim order. The opposing party shall have a true copy of the
written objection or motion served on the friend of the court and
the party who obtained the ex parte interim order.
(16) (14)
If the opposing party files a
written objection to
the ex parte interim order, the friend of the court shall attempt
to resolve the dispute within 14 days after receiving it. If the
matter cannot be resolved, the friend of the court shall provide
the opposing party with a form motion and order with written
instructions for their use in modifying or rescinding the ex parte
order without assistance of counsel. If the opposing party wishes
to proceed without assistance of counsel, the friend of the court
shall schedule a hearing with the court that shall be held within
21 days after the filing of the motion. If the opposing party files
a motion to modify or rescind the ex parte interim order and
requests a hearing, the court shall resolve the dispute within 28
days after the hearing is requested.
(17) (15)
An ex parte interim order issued
under this section
shall contain the following notice:
NOTICE:
1. You may file a written objection to this order or a motion
to modify or rescind this order. You must file the written
objection or motion with the clerk of the court within 14 days
after you were served with this order. You must serve a true copy
of the objection or motion on the friend of the court and the party
who obtained the order.
2. If you file a written objection, the friend of the court
must try to resolve the dispute. If the friend of the court cannot
resolve the dispute and if you wish to bring the matter before the
court without the assistance of counsel, the friend of the court
must provide you with form pleadings and written instructions and
must schedule a hearing with the court.
(18) (16)
As provided in the servicemembers
civil relief act,
50 USC 501 to 597b, if a motion for change of parenting time is
filed during the time a parent is on deployment, a parent may file
and
the court shall entertain grant
an application for stay. The
court shall presume that the best interests of the child are served
by not entering an order modifying or amending a previous judgment
or order, or issuing a new order, that changes the parenting time
that existed on the date the parent was called to deployment,
unless the contrary is established by clear and convincing
evidence, at which time the court may enter a temporary parenting
time order. When a temporary parenting time order is issued under
this subsection, the court may include a limit on the period of
time that the temporary parenting time order remains in effect. At
any stage before final judgment in the proceeding, the parent may
file an application for stay or otherwise request a stay of
proceedings or file an application for an extension of a stay. The
parent and the custodial child are not required to be present to
consider the application for stay or extension of a stay. The
application for stay or extension of a stay is sufficient if it is
a signed, written statement, certified to be true under penalty of
perjury. The same conditions for the initial stay apply to
applications for an extension of a stay.
(19) In order to ensure and maintain the established custodial
environment and stability for the child, the parent on deployment
may designate a third party who may exercise the deployed parent's
parenting time while that parent is on deployment.
(20) (17)
The parent shall inform the court
of the deployment
end date before or within 30 days after that deployment end date.
Upon notification of a parent's deployment end date, the court
shall reinstate the parenting time order in effect immediately
preceding that period of deployment. If a motion for change of
parenting time is filed after a parent returns from deployment, the
court shall not consider a parent's absence due to that deployment
in making a determination regarding change of parenting time.
Future deployments shall not be considered in making a best
interest of the child determination.
(21) (18)
If the deploying parent and the
other parent share
custody, the deploying parent must notify the other parent of an
upcoming deployment within a reasonable period of time.
(22) (19)
As used in this section,
"offending parent" means a
parent who has been convicted of criminal sexual conduct as
described
in subsection (4) (8) or who has been found by clear and
convincing evidence in a fact-finding hearing to have committed
acts of nonconsensual sexual penetration as described in subsection
(4).(8).
Sec. 11. (1) A child whose parental custody is governed by
court order has, for the purposes of this section, a legal
residence with each parent. Except as otherwise provided in this
section, a parent of a child whose custody is governed by court
order shall not change a legal residence of the child to a location
that
is more than 100 40 miles from the child's legal residence or
school
at the time of the commencement of
the action in which the
order
is issued.unless the court
determines for the benefit of the
child that the distance of 40 miles would negatively affect the
child's access to parenting time, parental involvement in the
child's school, or the child's ability to access his or her routine
support groups and extracurricular activities. The distance of 40
miles is determined as measured by a vehicle's odometer unless
otherwise agreed to by the parties.
(2) A parent's change of a child's legal residence is not
restricted by subsection (1) if the other parent consents to, or if
the court, after complying with subsection (4), permits, the
residence change. This section does not apply if the order
governing the child's custody grants sole legal custody to 1 of the
child's parents.
(3) This section does not apply if, at the time of the
commencement of the action in which the custody order is issued,
the
child's 2 residences were more than 100 40 miles apart. This
section does not apply if the legal residence change results in the
child's 2 legal residences being closer to each other than before
the change.
(4) Before permitting a legal residence change otherwise
restricted
by subsection (1), the court shall consider each of the
following
factors, with the child as the primary focus in the
court's
deliberations:the parent
requesting the change must prove
the following by clear and convincing evidence:
(a)
Whether the The legal residence change has the capacity to
improve the quality of life for both the child and the relocating
parent.
(b) The degree to which each parent has complied with, and
utilized his or her time under, a court order governing parenting
time
with the child, and whether that
the moving parent's plan to
change the child's legal residence is not inspired by that parent's
desire to defeat or frustrate the parenting time schedule.
(c)
The degree to which the court is satisfied that, if If the
court permits the legal residence change, it is possible to order a
modification of the parenting time schedule and other arrangements
governing the child's schedule in a manner that can provide an
adequate
basis for preserving and fostering the parental
relationship
between the child and each parent; and whether each
parent's established custodial environment and that each parent is
likely to comply with the modification.
(d) The extent to which the parent opposing the legal
residence change is motivated by a desire to secure a financial
advantage with respect to a support obligation.
(e)
Domestic That no domestic violence, regardless of whether
the violence was directed against or witnessed by the child is
likely to exist in the moving parent's new residence.
(5) Each order determining or modifying custody or parenting
time
of a child shall may include a provision stating the parent's
agreement as to how a change in either of the child's legal
residences
will be handled. If such a that
provision is included in
the order and a child's legal residence change is done in
compliance with that provision, this section does not apply. If the
parents
do not agree on such a that
provision, the court shall
include in the order the following provision: "A parent whose
custody or parenting time of a child is governed by this order
shall not change the legal residence of the child except in
compliance
with section 11 of the "Child Custody Act of 1970",
"Michigan Shared Parenting Act", 1970 PA 91, MCL 722.31.".
(6) If this section applies to a change of a child's legal
residence and the parent seeking to change that legal residence
needs to seek a safe location from the threat of domestic violence,
the
parent may move to such a safe
location with the child until
the court makes a determination under this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.