Opinion
359309
09-28-2022
Jonathan Ian Yarde, Jr., v. Samantha Kristine Yarde,
LC No. 2019-002032-DM
Mark T. Boonstra, Colleen A. O'Brien Judges.
ORDER
MICHELLE M. RICK PRESIDING JUDGE.
The motion for immediate consideration is GRANTED.
The motion for recusal of the current trial judge and to remand this case to an out-of-county judge is GRANTED. The judges of the Calhoun Circuit Court are DISQUALIFIED from further participation in this case. The Chief Judge of the Calhoun Circuit Court shall refer this case to the Regional Office of State Court Administrative Office for the appointment of a judge from another judicial circuit to hear the matters on remand.
The motion to enjoin the lower court from revisiting the domicile issue on remand is GRANTED. The new judge appointed to this matter shall enter an order on an expedited basis that DIRECTS plaintiff to return the minor children to the State of Michigan to ensure compliance with this Court's order of September 15, 2022. The Court reiterates from its two prior orders that a new motion to change domicile may not be heard and decided until the children are again residing in the State of Michigan and enrolled in their prior school system and activities.
The appellant's motion for damages and costs and fees, including reasonable attorney's fees, will be heard by the new judge appointed to this matter.
This order has immediate effect. MCR 7.215(F)(2).