In re AP & BJ

Respondent-mother, Holly Johnson, appealed as of right the “custody” order entered by third judicial circuit court Judge Jerome C. Cavanagh, assigned to the juvenile section of the family division, awarding the father, Michael Reid, joint legal custody and sole physical custody of the minor child, B.J. Sole legal and physical custody of the minor child had previously been awarded to Johnson (mother) by an earlier order entered in an active paternity action between Johnson and Reid pending before third judicial circuit court Judge Arthur J. Lombard, assigned to the domestic relations section of the family division.

The issue on appeal was whether a trial court presiding over a child protective proceeding, or juvenile case, may make determinations in related actions under the Child Custody Act (CCA).  The CoA held that a trial court, which is part of a circuit court’s family division under MCL 600.1011, presiding over a juvenile case has jurisdiction to address related actions under the CCA consistent with MCL 600.1021 and MCL 600.1023, as well as local court rules. The CoA further held that when exercising its jurisdiction, a trial court is required to, and must, abide by the relevant procedural and substantive requirements of the CCA (basically, best interests findings).

The CoA also stated that the trial court, when confronted with these dual (custody/child protection) cases, should make it clear that it is exercising its jurisdiction under the CCA.  The opinion also addresses consolidating cases, etc.

You can download and view the opinion by clicking here: In re AP & BJ

Link to case on Google Scholar.