In re Ballard
323 Mich. App. 233
| Mich. Ct. App. | 2018Background
- Father fathered three children who were removed by DHHS for neglectful conditions and placed with the maternal grandparents (respondents).
- The trial court appointed the grandparents as juvenile guardians under MCL 712A.19a, but did not terminate the father’s parental rights.
- For years father had regular, voluntary parenting time with the children; respondents later stopped allowing visitation after a dispute.
- Father filed to terminate the guardianships and then moved for interim parenting time; parties agreed to defer termination and litigate parenting time first.
- The trial court concluded it lacked authority to order parenting time because respondents, as guardians, had unfettered discretion; father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a trial court may order parenting time for a parent after a juvenile guardianship is established under MCL 712A.19a | Father: Court has authority under MCL 712A.19a(14) to consider and order parenting time during guardianship | Respondents: Guardians have complete discretion over parenting time; court lacks authority to impose visitation | Court: Reversed — MCL 712A.19a(14) authorizes the court to order parenting time during an ongoing juvenile guardianship; remanded to consider father’s motion |
Key Cases Cited
- Kemp v. Farm Bureau Gen. Ins. Co. of Mich., 500 Mich. 245, 901 N.W.2d 534 (2017) (statutory construction principles; interpret statutes by plain language and context)
- Rains v. Rains, 301 Mich. App. 313, 836 N.W.2d 709 (2013) (procedural treatment of appeals filed as of right when leave to appeal was required)