Simona Campean v. Marian Campean
335861
| Mich. Ct. App. | Jul 27, 2017Background
- Parents divorced in 2009 with joint legal and joint physical custody of child (MC); original parenting-time was a rotating four-week schedule with 10 overnights per four weeks.
- In 2012 the parties consented to modify defendant’s time to align with the Sixteenth Judicial Circuit’s Reasonable Parenting Time Schedule: six overnights/month during school year, eight/month in summer, plus holidays/vacation, because defendant’s work required travel.
- In August 2016 defendant moved to change parenting time, seeking equal parenting time (or at least an increase), citing changed circumstances: more flexible work schedule (now travels ~4 nights/year), a new house with his fiancée and their child, and his mother moving from Romania to live with him and assist with childcare.
- A referee recommended denial for failure to show proper cause/change of circumstances required to relitigate custody; the trial court adopted the recommendation and denied an evidentiary hearing for both a custody change (equal time) and a lesser increase.
- The Court of Appeals affirmed, finding the claimed changes were largely normal life changes that did not demonstrate a material effect on MC’s well-being sufficient to trigger reconsideration of custody or require changing an otherwise reasonable parenting schedule.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant showed proper cause/change in circumstances to warrant revisiting custody for equal parenting time | Plaintiff (mother) argued no threshold showing; custody order should not be reopened absent material change affecting child | Defendant argued work and living changes (less travel, new home/fiancée, grandmother cohabitating) are material and justify equal parenting time (custody change) | Denied — changes characterized as normal life changes, insufficient to meet Vodvarka threshold to revisit custody |
| Whether defendant showed a change of circumstances sufficient for at least a modest increase in parenting time (not a custody change) | Plaintiff argued current schedule (reasonable parenting time) remains adequate to foster relationship; no material effect on child shown | Defendant argued increased availability and support (mother/cohabitation) justify greater parenting time | Denied — court found defendant’s increased availability did not show the current schedule prevented development of a healthy relationship; no abuse of discretion |
| Standard for reopening custody vs. modifying parenting time | Plaintiff urged application of high Vodvarka proper-cause/change-of-circumstances threshold for custody changes | Defendant emphasized Shade/Kaeb authority that ordinary life changes can justify parenting-time modifications | Court applied Vodvarka for custody requests and recognized Shade/Kaeb apply more flexibly to parenting-time adjustments; nonetheless held facts insufficient under either standard |
| Whether remand for a full evidentiary hearing was required | Plaintiff noted facts were largely undisputed; no need for further factfinding | Defendant requested full evidentiary hearing to resolve issues | Denied — facts were largely undisputed and court reasonably concluded based on those facts no threshold was met; no abuse of discretion |
Key Cases Cited
- Vodvarka v. Grasmeyer, 259 Mich. App. 499 (establishes proper-cause/change-of-circumstances threshold before revisiting custody)
- Shade v. Wright, 291 Mich. App. 17 (ordinary life changes may justify parenting-time modification where schedule is no longer feasible)
- Kaeb v. Kaeb, 309 Mich. App. 556 (recognizes that ordinary changes in parent’s status may justify altering previously imposed conditions)
- Frowner v. Smith, 296 Mich. App. 374 (purpose of proper-cause requirement: protect established custodial environment)
- Diez v. Davey, 307 Mich. App. 366 (parenting-time rulings reviewed for abuse of discretion)
- Kane v. Kane, 314 Mich. 529 (older precedent distinguishing facts where father had no set schedule and other barriers to visitation)