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Herschfus v. Herschfus

Supreme Court of Michigan
Jun 6, 2008
481 Mich. 887 (Mich. 2008)

Opinion

No. 135788.

June 6, 2008.

Court of Appeals No. 278016.


Summary Disposition June 6, 2008.

Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the trial court for entry of an order setting a parenting-time schedule that accommodates the plaintiffs religious observances in accordance with the parties' agreement regarding the child's upbringing. In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court.


In this highly acrimonious child-custody case, I would deny leave to appeal rather than remand the case to the trial court to set a new parenting-time schedule. This tragic record reflects that both parties have used this litigation as a tool to mount continuing, ugly attacks on one another. Their destructive behavior has served only to prolong this case to the obvious detriment of their son. I urge that, in lieu of continuing their harmful behavior, the parties on remand behave in the best interest of their son. I fear that our remand order provides a platform for these parties to lob their grievances against one another yet again.

I join the statement of Justice CORRIGAN.


Summaries of

Herschfus v. Herschfus

Supreme Court of Michigan
Jun 6, 2008
481 Mich. 887 (Mich. 2008)
Case details for

Herschfus v. Herschfus

Case Details

Full title:MARC HERSCHFUS, Plaintiff/Counter Defendant-Appellant, v. TONYA HERSCHFUS…

Court:Supreme Court of Michigan

Date published: Jun 6, 2008

Citations

481 Mich. 887 (Mich. 2008)
749 N.W.2d 714