Gaudreau v. Kelly
298 Mich. App. 148
| Mich. Ct. App. | 2012Background
- This appeal concerns enforcement of a Quebec child support order under international comity.
- The Gaudreaus, maternal grandparents, sought enforcement for two minor children after custody allocated to them in Quebec.
- Quebec Superior Court ordered Kelly to pay CAD 1,005.81 monthly; Kelly failed to pay and accrued arrears.
- The Gaudreaus attempted to register/enforce in Oakland County, but UIFSA reciprocity was not in place.
- The trial court held it had subject-matter jurisdiction and enforced the Quebec order based on comity.
- On appeal, the court affirmed, rejecting Kelly’s UIFSA-based public-policy challenge and addressing unpreserved parenting-time claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether comity allows enforcement of the Quebec order without UIFSA reciprocity. | Kelly argues lack of UIFSA reciprocity defeats enforcement. | Gaudreaus contend comity supports enforcement despite UIFSA gaps. | Enforcement upheld under comity. |
| Whether the Quebec order’s parenting time was reviewable and properly denied due to preservation rules. | Kelly raised parenting time for the first time on appeal. | Gaudreaus argue no preserved record to modify parenting time. | Issue unpreserved; relief denied. |
| Whether the foreign judgment was proven and enforceable under comity given proper notice and proceedings. | Kelly challenges the reliability of the Quebec proceedings and notice. | Record shows fair hearing, proper notice, and opportunity to respond; judgment valid. | Record supports enforceability of the foreign judgment under comity. |
Key Cases Cited
- Hilton v. Guyot, 159 U.S. 113 (US Supreme Court 1895) (recognition of foreign judgments under comity and due process constraints)
- Dart v. Dart, 460 Mich. 573, 597 N.W.2d 82 (Mich. 1999) (state court review of foreign judgments; due process and fair proceeding principles)
- Snyder v. Snyder, 239 Mich. App. 453, 608 N.W.2d 97 (Mich. Ct. App. 2000) (appellate review standards for parenting-time modifications; preservation discussion)
- Booth Newspapers, Inc. v. Univ. of Mich. Bd. of Regents, 444 Mich. 211, 507 N.W.2d 422 (Mich. 1993) (statutory interpretation and evidentiary standards in court proceedings)