Custody; Consideration of up-to-date information before ordering a change of the child’s established custodial environment (ECE); Fletcher v. Fletcher; Ireland v. Smith; Jurisdiction; MCR 7.203(A)(1); MCR 7.202(6)(a)(iii); MCR 3.993(A); MCR 7.204(A)(1)(b)

The court held that the trial court erred by failing to consider up-to-date information before ordering the change of the child’s ECE. Thus, it vacated the order granting defendant-father sole legal and physical custody of the child, and remanded. The record reflected that “the trial court made its decision without soliciting up-to-date information from the parties or holding an evidentiary hearing to ascertain whether additional information existed that the trial court should have considered before making its child custody decision.” Pursuant to Fletcher and Ireland, “on remand the trial court should have considered all of the statutory factors and conducted whatever hearings or other proceedings necessary to fully inform itself so that it could make an accurate decision concerning the minor child’s custody arrangement to ensure that its decision served the child’s best interests.” It erred by failing to seek “up-to-date information on remand and considering such information before making its child custody decision. The trial court should not have considered and relied only on the information available to it when it made its original determination.” The record reflected that plaintiff-mother “sought to further inform the trial court of up-to-date information but the trial court declined to consider it and revisit its decision.” She asserted that it “had an obligation to conduct an evidentiary hearing to obtain up-to date information.” The court was not convinced that Fletcher and Ireland dictated “that a trial court must do so. A trial court has discretion to determine how it will inform itself of up-to date information, but it must so inform itself before making a final child custody decision on remand.” The court held that the trial court failed to make a finding as to the existence of a ECE “or the best-interest factors based upon up-to-date information presented to" it, and the record lacked sufficient evidence properly admitted for the court to make its own determination of the issue by de novo review.