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Father's motion for parenting time frivolous, sanctions awarded

The court found no basis for appellate relief as to the trial court's finding that the plaintiff-father's motion for specific parenting time was frivolous. Defendant-mother had secured a PPO against plaintiff. It was issued in 2/12 (and, evidently, was later modified to accommodate the provisions of the 4/11/12 parenting time order). "Despite the acrimonious nature of the parties' post-judgment proceedings," there was "no evidence to indicate that plaintiff's primary purpose in filing his motion for specific parenting time was other than to see the children." The essence of his argument as to the PPO was that, when the court vacated the 4/11/12 parenting time order, "the judgment of divorce once again became the governing order. According to plaintiff, the judgment of divorce was restricted by the modified PPO, which was not affected by the Court's opinion, and the modified PPO allowed him supervised parenting time twice a week for two hours." He argued that, under the terms of the modified PPO, he was entitled to supervised parenting time. The original PPO restricted parenting time, and after the vacation of the 4/11/12 order, it appeared that "there was no proper source for weekly parenting time as argued for by plaintiff." Importantly, the PPO was not part of the record, and plaintiff did not quote directly from its text in support of his position. For this reason, it could not be determined whether his interpretation of the PPO was "reasonable, or belied by the text of the document." The court also concluded that his argument as to MCL 722.27a(7) lacked merit. "If plaintiff is not entitled to parenting time, the statute is inapplicable." Affirmed.


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