Let’s say your client wants to move with her children, who are subject to a custody order. You’ve determined you need to file a change of domicile motion under MCL 722.31.
Wait—are you still calling it a change of domicile motion?
The statute actually uses the term legal residence, not domicile. However, caselaw has described motions under MCL 722.31 as change of domicile motions for years.
Nevertheless, going forward, you may want to avoid using domicile in motions under MCL 722.31. ICLE contributor Nazli Sater points out in 12.44 of Michigan Family Law that the Michigan Supreme Court recently criticized using the terms residence and domicile interchangeably in Grange Ins Co v Lawrence. The court noted that the terms have distinct meanings and that MCL 722.31 expressly uses the term residence.
If you’re looking for help structuring your change of legal residence motion, check out Nazli’s discussion of Rains v Rains in 12.42. Rains essentially provides practitioners with a template for their motions by clearly outlining the four main issues a court must decide when considering a motion under MCL 722.31. Just take care when quoting Rains. It was decided before Grange, so it too uses domicile and residence interchangeably.