Motion to change children’s domicile; MCL 722.31(4)

Given that plaintiff-mother had another motion to change domicile pending before the trial court, in lieu of deciding the merits of this appeal from the denial of her prior motion, the court remanded the case to the trial court to decide her pending motion. This appeal was from the trial court’s 12/24 decision denying plaintiff’s prior motion to change the domicile of the parties’ children. The court noted that, ordinarily, it “would decide the merits of plaintiff’s appeal at this time by addressing whether the trial court erred in its [12/24] written opinion and order denying her motion to change the domicile of the children.” But according to the trial court record before it, she filed another motion to change the children’s domicile on 4/25/25. “Some of the allegations therein are similar to the ones raised in her earlier motion, while other allegations are new. Further, according to the publicly available register of actions for this case, it appears that the trial court has not yet decided the motion notwithstanding that it would have jurisdiction to do so.” The court noted that whichever party loses in regard to the current motion may seek the court’s review of that decision, if he or she chooses. It retained jurisdiction.