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The court held that the probate court erred when it applied principles of preclusion to petitioner-Bibi's petition and the circuit court erred when it affirmed the probate court's order.

The case arose out of a guardianship dispute between the minor wards' grandmothers, which arose following the entry of a consent judgment in an earlier Canadian proceeding. On appeal, Bibi argued that the probate and circuit courts erred in applying res judicataand collateral estoppel and erred in applying the relevant law. First, because an exception applies to a foreign jurisdiction's application of preclusion principles and both collateral estoppel and res judicata are applied in a flexible, discretionary manner under Canadian law, the court applied Michigan law to determine whether the Canadian consent judgment should be given preclusive effect. Also, as a preliminary matter, it held that "after the Ontario court indicated that it had 'nothing pending' in the prior action, and that it would terminate its jurisdiction as soon as the probate court assumed jurisdiction, the UCCJEA no longer applied." As to collateral estoppel, the issues involved in this petition were "not identical to those involved in the Canadian proceeding and, for that reason, the probate court erred when it applied collateral estoppel to bar Bibi's petition." In the Canadian case, the "ultimate issue was what steps were necessary and appropriate under Canadian law to protect the wards from harm, with due consideration of the children's best interests; it did not involve a determination of who would be the best guardian for the children under" EPIC. Also, given the changed circumstances, the probate court similarly erred when it applied res judicata to bar Bibi's petition. Instead of "basing its guardianship decision on what would serve the wards' welfare, the probate court relied on its erroneous application of preclusion principles, reasoning that, because Bibi's petitions were barred, it could simply grant" respondent-Wallace's competing petitions. In doing so, it "abdicated its statutory authority to decide the issue on the merits. As such, it abused its discretion." Reversed and remanded for further proceedings. 

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