Order Michigan Supreme Court
Lansing, Michigan
July 17, 2009 Marilyn Kelly,
Chief Justice
138824 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
TIMOTHY PIERRON, Stephen J. Markman
Plaintiff-Appellant, Diane M. Hathaway,
Justices
v SC: 138824
COA: 282673
Wayne CC: 99-920324-DM
KELLY PIERRON,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 3, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties are
directed to include among the issues to be briefed whether: (1) the defendant’s unilateral
decision to enroll the children in a school district sixty miles from their former school
district and from their father’s home resulted in a change in the custodial environment;
(2) the “clear and convincing evidence” or “preponderance of the evidence” standard
governed the defendant’s burden of proof; (3) the defendant demonstrated that the school
change was in the children’s best interests; and (4) the children’s preference for the
Howell school district was “reasonable.”
We further ORDER that the parties maintain the status quo with respect to the
children’s continued enrollment in the Grosse Pointe school district, and that trial court
proceedings are stayed pending the completion of this appeal.
The Clerk of the Court is directed to place this case on the October 2009 session
calendar for argument and submission. Appellant’s brief and appendix must be filed no
later than August 21, 2009, and appellee’s brief and appendix, if appellee chooses to
submit an appendix, must be filed no later than September 11, 2009.
The Children’s Law Section and the Family Law Section of the State Bar of
Michigan are invited to file briefs amicus curiae, to be filed no later than September 25,
2009. Other persons or groups interested in the determination of the issues presented
may move the Court for permission to file briefs amicus curiae, with such briefs to be
filed no later than September 25, 2009.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
July 17, 2009 _________________________________________
s0714 Clerk