Opinion
SC: 165279 COA: 361068
06-09-2023
Andrew Paul SABATINE, Plaintiff-Appellee, v. Colleen Knecht SABATINE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the December 15, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing whether: (1) the Leelanau Circuit Court and the Court of Appeals correctly determined that the children have an established custodial environment with each parent, see Baker v Baker , 411 Mich. 567, 309 N.W.2d 532 (1981) ; Rains v Rains , 301 Mich App 313, 836 N.W.2d 709 (2013) ; (2) the parenting-time terms incorporated into the judgment of divorce altered a potential established custodial environment, see Pierron v Pierron , 486 Mich. 81, 782 N.W.2d 480 (2010) ; (3) the Court of Appeals remand instructions are sufficiently clear to guide the circuit court on remand as to what evidentiary burden it must apply, see Griffin v Griffin , 323 Mich App 110, 128, 916 N.W.2d 292 (2018) ; but see Butters v Butters , 510 Mich ––––, 982 N.W.2d 173 (2022) (Docket No. 164888 ); and (4) in an initial judgment of divorce, a court should consider the circumstances of the parties at the time of separation or prior to their separation to determine the child's established custodial environment, see Bofysil v Bofysil , 332 Mich App 232, 246, 956 N.W.2d 544 (2020).
The State Bar of Michigan Family Law and Children's Law Sections are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.