REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.5080 Vacation or modification of award concerning child support, custody, or parenting time; standards and procedures regarding review of arbitration awards.
Sec. 5080.
(1) Subject to subsection (2), the circuit court shall not vacate or modify an award concerning child support, custody, or parenting time unless the court finds that the award is adverse to the best interests of the child who is the subject of the award or under the provisions of section 5081.
(2) A review or modification of a child support amount, child custody, or parenting time shall be conducted and is subject to the standards and procedures provided in other statutes, in other applicable law, and by court rule that are applicable to child support amounts, child custody, or parenting time.
(3) Other standards and procedures regarding review of arbitration awards described in this section are governed by court rule.
History: Add. 2000, Act 420, Eff. Mar. 28, 2001
Notes of Decisions
Harvey v. Harvey (2003)
michctapp · cites it 6×
“§ 600.5080 or, in the alternative, to review do novo of the friend of the court findings pursuant to M.”
Harvey v. Harvey (2004)
mich · cites it 2×
“MCL 600.5080 specifically addresses awards concerning child custody: (1) Subject to subsection (2), the circuit court shall not vacate or modify an award concerning child support, custody, or parenting time unless the court finds that the award is adverse to the best interests…”
Bayati v. Bayati (2005)
michctapp
“The language of MCL 600.5080 clearly mandates that the trial court conduct a review of the arbitrator’s custody decision under the same framework provided in other statutes such as the Child Custody Act, MCL 722.”
MacIntyre v. MacIntyre (2005)
michctapp
“The trial court and the arbitrator properly considered each best interest factor and rendered factual findings consistent with the record evidence. As the *460 evidence supported these findings, there is no basis on which to find that the trial court abused its discretion in…”
Janet Lashar Eppel v. Christopher James Eppel (2018)
michctapp
“However, the trial court is required to vacate the award under MCL 600.5080(1) if the trial court finds the award adverse to the best interests of the child or, relevant to the instant matter, under MCL 600.”
Valentine v. Valentine (2007)
michctapp
“Section 5080, MCL 600.5080, governs the vacation or modification of an award concerning child support, custody, or parenting time.”
MacIntyre v. MacIntyre (2005)
michctapp · cites it 5×
“Defendant subsequently moved for the trial court to vacate that portion of the arbitration award pertaining to custody and conduct a de novo hearing pursuant to MCL 600.5080. Defendant asserted that the arbitrator failed to consider all the evidence in conducting the best…”
Vita S Shannon v. Aron L Ralston (2020)
michctapp · cites it 2×
“However, the trial court is required to vacate the award under MCL 600.5080(1) if the trial court finds the award adverse to the best interests of the child or, relevant to the instant matter, under MCL 600.”
Richard L Roetken v. Cara L Roetken (2017)
michctapp
“5081, which provides, in pertinent part, as follows: (1) If a party applies to the circuit court for vacation or modification of an arbitrator’s award issued under this chapter, the court shall review the award as provided in this section or [MCL 600.5080]. (2) If a party…”
Richard L Roetken v. Cara L Roetken (2017)
michctapp
“5081, which provides, in pertinent part, as follows: (1) If a party applies to the circuit court for vacation or modification of an arbitrator’s award issued under this chapter, the court shall review the award as provided in this section or [MCL 600.5080]. (2) If a party…”
— Mich. Comp. Laws § 600.5080(1) — 6 cases
Janet Lashar Eppel v. Christopher James Eppel (2018)
michctapp
“However, the trial court is required to vacate the award under MCL 600.5080(1) if the trial court finds the award adverse to the best interests of the child or, relevant to the instant matter, under MCL 600.”
MacIntyre v. MacIntyre (2005)
michctapp
“Defendant subsequently moved for the trial court to vacate that portion of the arbitration award pertaining to custody and conduct a de novo hearing pursuant to MCL 600.5080. Defendant asserted that the arbitrator failed to consider all the evidence in conducting the best…”
Vita S Shannon v. Aron L Ralston (2020)
michctapp
“However, the trial court is required to vacate the award under MCL 600.5080(1) if the trial court finds the award adverse to the best interests of the child or, relevant to the instant matter, under MCL 600.”
— Mich. Comp. Laws § 600.5080(2) — 2 cases
MacIntyre v. MacIntyre (2005)
michctapp
“The trial court and the arbitrator properly considered each best interest factor and rendered factual findings consistent with the record evidence. As the *460 evidence supported these findings, there is no basis on which to find that the trial court abused its discretion in…”
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