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161335 - Thomas O'Brien v Ann Marie D'Annunzio

Thomas J. O’Brien, Jr.,


Gaetan Gerville-Reache





(Appeal from Ct of Appeals)



(Oakland – Langton, L.)


Ann Marie D’Annunzio,


Trish Oleksa Haas





The parties are the unmarried parents of twins.  The defendant had primary physical custody of the children, but following competing motions regarding custody and a Friend of the Court counseling evaluation, the trial court granted the plaintiff temporary full-time parenting time and suspended the defendant’s parenting time.  An evidentiary hearing began approximately four months later, and the trial court affirmed its earlier determinations approximately nine months after that, thus making its temporary orders permanent.  The Court of Appeals affirmed in a 2-1 unpublished opinion.  The Supreme Court has ordered oral argument on the application to address:  (1) whether the trial court erred by entering a temporary order granting the plaintiff full-time parenting time pursuant to MCR 3.207(B) and suspending the defendant’s parenting time without first conducting an evidentiary hearing, see MCL 722.27(1)(c); Daly v Ward, 501 Mich 897, 898 (2017), and if so, whether that error was harmless, see Fletcher v Fletcher, 447 Mich 871, 879 (1994); (2) whether the trial court palpably abused its discretion by granting the plaintiff sole legal and sole physical custody and by suspending the defendant’s parenting time; and (3) whether the trial court’s findings of fact are against the great weight of the evidence.​