KELLY PARM V SHANE PARM

Michigan Supreme Court
Lansing, Michigan
Megan K. Cavanagh,
Chief Justice
Brian K. Zahra
Richard H. Bernstein
Elizabeth M. Welch
Kyra H. Bolden
Kimberly A. Thomas
Noah P. Hood,
Justices
Order
May 1, 2026
SC: 169836 & (16)
COA: 379459
Kent CC: 21-003008-DM
KELLY PARM,
Plaintiff-Appellant,
v
SHANE PARM,
Defendant-Appellee.
On order of the Court, the motion for immediate consideration is GRANTED. The
application for leave to appeal the March 3, 2026 order of the Court of Appeals is
considered, and it is DENIED, because we are not persuaded that the question presented
should be reviewed by this Court.
BOLDEN, J. (dissenting).
I respectfully dissent from the Court’s decision to deny leave to appeal. The parties
divorced in 2022. Their judgment of divorce required that they share legal custody of their
two children while plaintiff was to be the primary physical custodian. After a series of
postjudgment motions filed by both parties, the trial court conducted a custody hearing and
ultimately, on January 28, 2026, entered an order modifying custody to make defendant
the sole legal and primary physical custodian. Plaintiff appealed. Plaintiff also moved
both lower courts to stay the judgment pending appeal. Both lower courts denied plaintiff’s
motions to stay. While plaintiff’s appeal is pending before the Court of Appeals, she has
asked us to grant a stay pending appeal. Without commenting on the merits of the pending
appeal, I would have granted the stay.
The underlying merits of this case are governed by the Child Custody Act, MCL
722.21 et seq. The purpose of the Child Custody Act is to “promote the best interests and
welfare of children.” Fletcher v Fletcher, 447 Mich 871, 877 (1994). Throughout the
postjudgment proceedings, plaintiff has presented evidence raising concerns about the
safety and well-being of both children in defendant’s presence. Given the drastic shift in

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I, Elizabeth Kingston-Miller, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
May 1, 2026
t0428
2
Clerk
physical custody at issue coupled with legitimate concerns for the safety and well-being of
the children involved, I would find good cause to grant the stay to preserve the children’s
physical environment until the appeal is final.

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