Schlender v. Schlender

In Schlender v. Schlender, 235 Mich App 230, 233; 596 NW2d 643 (1999), the Court held that it is improper for a trial judge to resolve a custody dispute on the pleadings and the report of the friend of the court when no evidentiary hearing was held. While the referee, for reasons not apparent in the record, failed to hold an evidentiary hearing regarding plaintiff's motion, the trial court heard testimony from the parties at the motion hearing regarding objections to the referee's proposed order.