If the parties can reach an agreement without court intervention, then an order would be entered based upon their agreement. If they can’t reach an agreement, then the court has jurisdiction to make the determination whether or not the change in residence of the child is approved.
If the parties cannot agree, a motion must be filed with the court giving a notice to the other party and setting a hearing.
A court of appeals could hear the court order allowing the change of residence or denying it and the court of appeals could render a decision returning the matter to the family division of the circuit court for re-hearing based upon an error. Or, it may be sent to the Michigan Supreme Court. Very few cases go up to the Michigan Supreme Court, however. Most often, the decisions are made by the court of appeals, who either approve the decision or send it back to the lower courts for more hearing.
Someone might seek an action after a judgment has been entered because they feel that there was fraud or a mistake, or that the court misinterpreted some of the evidence. If there is a complaint that there was fraud in court, it has to be brought within a certain timeframe, which is one year. The same time limit exists with most other reasons to try to set aside a judgment of divorce based on the issues that were presented.
In Michigan, we have family courts, which are a part of the circuit court. The family law judge who heard the initial case would be the judge that ultimately hears any motions regarding the case. Issues pertaining to children, as long as children are under the age of 18, are modifiable, based upon the circumstances and good cause to be shown. That it is always within the jurisdiction of the court. The most common modification is a change in child support based upon changes in circumstances to the earnings of either the payor of the child support or payee of child support, since child support is based on the income of the parties and the overnights of the parenting time schedule.
You do not have to go back to the same attorney. Typically, there is language in a judgment of divorce that says attorneys are discharged 21 days after the judgment has been entered. If that same attorney is to still represent the parties, usually there is a subsequent retainer required.
If you are modifying a judgment, the judgment remains in the county where the divorce was entered or the paternity case was established. However, if the parties both leave the county, they can request that the matter be transferred to another county to hear any modifications.
For more information on Relocation Request In a Family Law Court, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.