Gongwer News Service
Grandparents are allowed "an opportunity to be heard," by the court when seeking visitation time with grandchildren, a recent Court of Appeals panel ruled.
In the published Mack v. Schmaus (COA Docket No. 367485), decision, Judge Kristina Robinson Garrett, Judge Thomas Cameron and Judge Philip Mariani reversed a lower court's denial of a hearing for grandparents seeking time with their grandchild.
The decision, written by Garrett, said the state's grandparenting time statute "clearly allows parties who submitted affidavits an opportunity to testify, at a minimum."
That means, the court ruled, a hearing is necessary to hear arguments from grandparents seeking visitation time.
"Subsection (4)(a) required the court to hold a hearing because the Schmauses requested a hearing," Garrett wrote. "The court also erred by determining that the Schmauses were not entitled to a hearing at which evidence may be presented. MCL 722.27b(4)(a) entitled the Schmauses to 'an opportunity to be heard,' which necessarily includes in this context, at a minimum, the right to testify ..."
The trial court determined that the statute did not entitle the grandparents to an evidentiary hearing and that they failed to establish "the minimum to even consider getting to a hearing."
Grandparents are allowed "an opportunity to be heard," by the court when seeking visitation time with grandchildren, a recent Court of Appeals panel ruled.
In the published Mack v. Schmaus (COA Docket No. 367485), decision, Judge Kristina Robinson Garrett, Judge Thomas Cameron and Judge Philip Mariani reversed a lower court's denial of a hearing for grandparents seeking time with their grandchild.
The decision, written by Garrett, said the state's grandparenting time statute "clearly allows parties who submitted affidavits an opportunity to testify, at a minimum."
That means, the court ruled, a hearing is necessary to hear arguments from grandparents seeking visitation time.
"Subsection (4)(a) required the court to hold a hearing because the Schmauses requested a hearing," Garrett wrote. "The court also erred by determining that the Schmauses were not entitled to a hearing at which evidence may be presented. MCL 722.27b(4)(a) entitled the Schmauses to 'an opportunity to be heard,' which necessarily includes in this context, at a minimum, the right to testify ..."
The trial court determined that the statute did not entitle the grandparents to an evidentiary hearing and that they failed to establish "the minimum to even consider getting to a hearing."
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