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Publications | February 6, 2017
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MSC grants MOAA on whether a court’s postjudgment order denying request to change child’s school enrollment is an order affecting the custody of a minor

In Marik v. Marik, No. 154549, the Michigan Supreme Court has granted mini-oral argument to address whether a court’s postjudgment order denying a party’s request to change a minor child’s school enrollment is a “postjudgment order affecting the custody of a minor” and therefore a “final order” under MCR 7.202(6)(a)(iii).  The defendant father in the underlying domestic relations action filed a postjudgment order, seeking to modify parenting time and the parties’ minor child’s school enrollment.  After the circuit court denied the defendant’s motion, the father appealed the court’s decision. The Court of Appeals dismissed the claim for lack of jurisdiction, reasoning that the circuit court’s postjudgment order did not affect the custody of the parties’ minor child within the meaning of MCR 7.202(6)(a)(iii). 

The mini-oral argument is scheduled to take place during the same session when the Court will hear oral argument in Ozimek v. Rodgers, No. 154776, which also addresses the issue.