Opinion
372709
11-12-2024
PETER B FAYROIAN v. RACHAEL W FAYROIAN
LC No. 20-000326-DM
Brock A. Swartzle Presiding Judge, Mark J. Cavanagh, Stephen L. Borrello Judges
ORDER
Brock A. Swartzle, Presiding Judge.
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the matter is REMANDED to the Washtenaw Circuit Court for the court to hold an evidentiary hearing to determine which school the parties' minor daughter shall attend. When considering an important decision affecting the welfare of a child, a trial court must hold an evidentiary hearing and consider the statutory best-interest factors. Pierron v Pierron, 486 Mich. 81, 85-86; 782 N.W.2d 480 (2010); Marik v Marik, 325 Mich.App. 353, 364; 925 N.W.2d 885 (2018). At the evidentiary hearing, the trial court shall consider up-to-date information. Fletcher v Fletcher, 447 Mich. 871, 889; 526 N.W.2d 889 (1994).
The trial court shall hold the evidentiary hearing and determine which school is in the minor daughter's best interests within 21 days from the date of this order. Plaintiff shall file in this Court a copy of any order entered within 7 days after entry. Plaintiff shall also ensure the transcript of the evidentiary hearing is filed in the trial court and this Court within 14 days after completion of the hearing. The parties may move for leave to file supplemental briefs after the conclusion of the evidentiary hearing.
We retain jurisdiction.