Harvey v. Harvey
Michigan Supreme Court
470 Mich. 186, 680 N.W.2d 835 (2004)
- Written by Eric Miller, JD
Facts
Harry Harvey (defendant) and Sheila Harvey (plaintiff) sought to divorce through the relatively amicable means of alternative-dispute resolution. Counsel for the parties negotiated and approved a consent order, which stipulated that a referee would have the ability to make binding decisions on matters including custody—decisions that the circuit court could not review. The referee recommended an order granting custody of the Harveys’ two children to Harry. The circuit court, honoring the consent order, entered the referee’s recommended order without review. Sheila moved for an evidentiary hearing, which the court denied. Sheila appealed. The appellate court vacated the order of custody and remanded the case for a new hearing. Harry appealed. The Michigan Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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