Bill Text: MI SB0568 | 2009-2010 | 95th Legislature | Engrossed

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Bill Title: Family law; child custody; court review of arbitrator's decision on custody; allow court to take additional evidence. Amends sec. 5080 of 1961 PA 236 (MCL 600.5080).

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2010-01-21 - Referred To Committee On Families And Children's Services [SB0568 Detail]

Download: Michigan-2009-SB0568-Engrossed.html

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SB-0568, As Passed Senate, January 21, 2010

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 568

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5080 (MCL 600.5080), as added by 2000 PA 420.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5080. (1) Subject to subsection (2), the circuit Except

 

as provided in section 5081, a court shall not vacate or modify an

 

award concerning child support, custody, or parenting time unless

 

the court finds that the award is adverse to the best interests of

 

the child who is the subject of the award. or under the provisions

 

of section 5081.

 

     (2) A review or modification of a child support, amount, child

 

custody, or parenting time provision under this section shall be

 

conducted and is subject to the standards and procedures provided

 

in other statutes, in other applicable law, and by court rule that

 

are applicable to child support amounts, child custody, or

 

parenting time. based on the record made under section 5077(2). If

 

the court finds that the record is insufficient to determine

 

whether the award is adverse to the best interests of the child,

 

the court may take additional evidence.

 

     (3) Other standards and procedures regarding review of

 

arbitration awards described in this section are governed by court

 

rule.

 

     (4) This section does not apply to the review or modification

 

of an order or judgment that has been entered by the court. The

 

review or modification of an order or judgment of the court

 

regarding child support, child custody, or parenting time shall be

 

conducted and is subject to standards and procedures as provided in

 

other applicable law and court rules.