Went to court today. I had some unfair competition research to do for work. The law library and the court are in the same place.
Went to the clerk’s office. Looked the case up on the computer and reviewed the docket entries. I couldn’t see the case file because “they are getting new carpeting in the vault.” But the clerk was nice enough to read to me from selected documents in the file (they have images of the documents, but not on the public terminals).
Here’s what I’ve got so far:
- Dad was represented by counsel in the trial court. He ran out of money on appeal. Obviously dad is not an appellate attorney, and probably screwed up the appeal.
- Dad answered the motion specifically denying that there was anything immoral about his cohabitation with gf. And also pointing out that there was no evidence that barring cohabitation was in the children’s best interest.
- The parties filed a Stipulation of Facts and Standard of Review (that’s what they called it). It spelled out the facts above (which are confirmed by other documents in the file) and also noted that the only standard that applied to the motion was the best interest of the child standard–not the both parties must have moral stances standard.
- Nothing in the record that I have reviewed so far indicates that mom “agreed” to anything. She filed a motion to prevent dad from having overnight visitors. The court applied the provision to both. You might say that mom acquiesced, but until I get a look at all of the documents, I’m not even sure that’s true.
- Reviewed the case law on modification of parenting time in Michigan. As I said before, the standard is the best interest of the child. You can’t file a motion and say, “I don’t like what dad is doing.” The cases say those motions should not even be given a hearing.
Started to look at this issue, but ran out of time. 
OTOH, it doesn’t look like those cases would apply here.