DAVID SOVA V JANICE SOVA

Court of Appeals, State of Michigan
ORDER
DAVID SOVA V JANICE SOVA
Docket No. 378725
LC No. 22-335523-DM
Kathleen A. Feeney
Presiding Judge
Stephen L. Borrello
Anica Letica
Judges
The motion for immediate consideration is GRANTED. Pursuant to MCR 7.205(E)(2), in
lieu of granting leave to appeal, the Court VACATES the trial court’s August 26, 2025 order, in part, and
REMANDS for further proceedings not inconsistent with this order. The trial court committed clear legal
err by setting aside the existing custody and parenting-time order without following the procedures in the
Child Custody Act (CCA), MCL 722.21 et seq. Although the trial court briefly addressed proper cause
or a change in circumstances, the trial court failed to consider (1) the existence of an established custodial
environment, (2) the appropriate burden of proof, and (3) the children’s best interests. See Barretta v
Zhitkov, 348 Mich App 539, 564; 19 NW3d 420 (2023). In concluding that defendant’s alleged fraud
warranted setting aside the existing order and reinstating the parenting-time arrangement under the parties’
divorce judgment, the trial court also abused its discretion by failing to hold an evidentiary hearing,
particularly when defendant’s alleged fraud is merely one of many potentially relevant considerations
bearing on the children’s best interests. See Kiefer v Kiefer, 212 Mich App 176, 179; 536 NW2d 873
(1995). On remand, the trial court shall hold an evidentiary hearing and make the requisite findings in
compliance with the CCA. The attorney-fee award is also vacated. On remand, if the trial court again
determines that defendant engaged in fraud, the trial court may only award attorney fees insofar as
plaintiff’s legal expenses were incurred “as a result” of the fraudulent conduct. See International Outdoor,
Inc v SS Mitx, LLC, 349 Mich App 212, 244; 27 NW3d 365 (2023) (quotation marks and citation omitted).
To avoid further unwarranted disruption to the children’s lives, pending proceedings on remand in
compliance with the CCA, we leave intact the current parenting-time arrangement pursuant to the parties’
divorce judgment. See Barretta, 348 Mich App at 563. Proceedings on remand shall commence within
56 days of the Clerk’s certification of this order, and they shall be given priority on remand until they are
concluded. This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge
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Presiding Judge
January 16, 2026

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