Opinion
358553
10-19-2021
Courtney Frost v. Jonathan Frost
LC No. 20-000548-DC.
Mark T. Boonstra, Presiding Judge, Douglas B. Shapiro, James Robert Redford, Judges.
ORDER
The motion for immediate consideration is GRANTED.
The motion for peremptory reversal under MCR 7.211(C)(4) is GRANTED, and the August 20, 2021 ruling of the Washtenaw Circuit Court is PEREMPTORILY REVERSED, the August 20, 2021 order effectuating that ruling is VACATED, and the matter is REMANDED to the trial court for an expedited evidentiary hearing and resolution of the parties' custody, parenting time, and school of choice issues. The trial court committed clear legal errors on several major issues when it modified the physical and legal custody and parenting time provisions of the divorce judgment without an evidentiary hearing and without following the rubrics detailed in Pierron v Pierron, 486 Mich. 81; 782 N.W.2d 480 (2010); Rains v Rains, 301 Mich.App. 313; 836 N.W.2d 709 (2013); Lombardo v Lombardo, 202 Mich.App. 151; 507 N.W.2d 788 (1993); and Grew v Knox, 265 Mich.App. 333; 694 N.W.2d 772 (2005). The provisions of the divorce judgment control unless and until the trial court modifies those provisions after a proper assessment of the merits of the parties' positions.
This order has immediate effect. MCR 7.215(F)(2). The Court does not retain jurisdiction.