Order Michigan Supreme Court
Lansing, Michigan
May 25, 2006 Clifford W. Taylor,
Chief Justice
130592 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
STELLA A. MOXON, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 130592
COA: 264841
Macomb CC: 03-006130-DM
JACK R. MOXON,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the January 25, 2006
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Macomb Circuit Court for its
consideration of whether MCR 2.612(C)(1)(f) authorizes the court to grant plaintiff’s
request to modify the parties’ consent judgment of divorce to provide that the parties’
children “shall be allowed to be enrolled in the school district which [sic] plaintiff
resides, which is currently St. Clair Shores school district.” We DIRECT the circuit court
to make the following specific findings regarding the requirements for relief to be granted
under MCR 2.612(C)(1)(f) within 60 days of the date of this order:
(1) Whether the reasons for modifying the parties’ consent judgment of
divorce do not fall under subsections (a) through (e) of MCR 2.612(C)(1);
(2) Whether the substantial rights of defendant will be detrimentally
affected if the consent judgment of divorce is modified as plaintiff has
requested;
(3) Whether extraordinary circumstances exist that mandate modifying the
consent judgment of divorce in order to achieve justice;
(4) Whether the provision of the consent divorce judgment that plaintiff
seeks to modify was obtained by the improper conduct of defendant; and
5) Whether plaintiff requested modification of the consent judgment of
divorce within a reasonable time after its entry. Heugel v Heugel, 237
Mich App 471, 478-479, 482 (1999).
The Macomb Circuit Court may conduct additional proceedings or evidentiary
hearings, if necessary. Should the circuit court determine that modification of the
consent judgment of divorce was not appropriate under MCR 2.612, and that the parties’
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children should be enrolled in the Grosse Pointe Farms School District, the current school
enrollment of the parties’ children shall nonetheless remain undisturbed through the
remainder of the 2005-2006 school year.
We do not retain jurisdiction.
WEAVER and CORRIGAN, JJ., would deny leave to appeal.
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.
May 25, 2006 _________________________________________
s0524 Clerk