Whether attorney fees were ordered on equitable grounds without making any findings that the fees were incurred or reasonable; Reed v. Reed; MCL 552.132; MCR 3.206(D); Smith v. Khouri; Pirgu v. United Servs. Auto. Ass’n; Parenting-time modification; Whether the trial court made sufficient factual findings as to proper cause or change in circumstances (CIC), an established custodial environment (ECE), & the best-interest factors; Vodvarka v. Grasmeyer; Shade v. Wright; MCL 722.28

Holding that the trial court erred by failing to address any of the three required factors on the record, the court vacated the award of attorney fees and remanded. It also found that the trial court’s findings were sufficient to support that there was proper cause or CIC under the Vodvarka or Shade standard. But it committed legal error by failing to make a determination as to whether an ECE existed, and this "was not harmless because such a finding determines what burden of proof applies to the best-interests analysis.” Thus, the court remanded. Plaintiff argued that the trial court appeared to order her to pay the $2,000 in attorney fees on equitable grounds without making any findings that the fees were incurred or reasonable. The court agreed. “When determining whether to award attorney fees resulting from a party’s misconduct, a trial court must consider three factors: (1) whether unreasonable conduct occurred, (2) whether the attorney fees awarded were incurred due to this unreasonable conduct, and (3) whether the fees incurred were reasonable.” The trial court failed to address any of the these factors.