Filing Frivolous Motions in Michigan Family Law Cases

Person filing a frivolous motion in Michigan Family Law

Due to the intense emotions and acrimony that family law matters can generate between litigants, some parties choose to abuse the legal system to harass or retaliate against opposing parties by filing frivolous motions in court. Frivolous motions in Michigan family law cases can cause additional costs and emotional distress for individuals undergoing a challenging process. They can also slow down the court proceedings and unnecessarily drive up costs.

Although frivolous motions can disrupt family law proceedings, opposing parties and the court have options for addressing such motions in Michigan family law cases.

Kraayeveld Family Law supports individuals in a wide range of family law matters, and our attorneys know how to fight back against frivolous motions. Contact us today or call us at 616-383-2679 for a consultation to discuss how we can assist you in your case.

What Are Frivolous Motions in Michigan?

A frivolous motion refers to any court motion intended by the filing party to harass or embarrass the other party or to delay the proceedings. Some motions are considered frivolous when the court previously decided the issue and a party files the same or nearly the same motion a second time. Frivolous motions lack any arguable merit. Frivolous motions typically assert claims arising from a party’s refusal to accept a judge’s previous decision, or objectively unreasonable interpretation of facts or an indisputably meritless legal theory.

Indicators of a potentially frivolous motion include:

  • Suspicious timing of motions that delay proceedings
  • Lack of legal citations
  • Fabricated allegations
  • Scandalous or embarrassing details unrelated to the issues raised by the motion

A party who files a frivolous motion may face various sanctions imposed by the court.

Why Frivolous Motions Are Harmful in Michigan Family Law Cases

Frivolous motions can have a severely harmful effect in family law cases for various reasons, including:

  • Causing unnecessary embarrassment or emotional distress – A frivolous motion can cause the opposing party to suffer embarrassment when the motion makes scandalous or defamatory accusations. Opposing parties may also experience emotional distress due to the delay, uncertainty, and extra expense a frivolous motion can cause.
  • Delaying resolution of the proceedings – Frivolous motions require the court and the parties to spend time resolving the motion rather than moving the case forward.
  • Generating unnecessary legal expenses – A party served with a frivolous motion must spend avoidable attorney’s fees and legal costs fighting it.
  • Damaging reputations – Parties who file frivolous motions can permanently damage their credibility with the court, which can adversely affect later proceedings even when they assert meritorious arguments. In some cases, courts may consider a party’s filing of frivolous motions when determining a resolution of the case.
  • Emotional harm to innocent parties – Filing frivolous motions in family law cases such as child custody or guardianship matters can unnecessarily delay resolution. It can have harmful effects on the children involved in the case, as their rights, interests, future, and relationships with loved ones hang in the balance.

How Michigan Courts Handle Frivolous Motions

When a judge presiding over a family law case receives a frivolous motion from one of the litigants, they may take various actions to resolve the motion and sanction the moving party. Court sanctions can vary depending on factors such as the moving party’s history of abusive litigation tactics or dilatory (delaying) conduct, the costs incurred by the opposing party to respond to the motion, and the prejudice suffered by the opposing party or other interested parties.

First, the judge will deny any motion it deems frivolous. After denying the motion, the judge can impose sanctions either on the opposing party’s motion or the court’s motion.

Sanctions that courts use to handle frivolous motions include:

  • Issuing warnings – A court may warn the moving party and their counsel against filing future frivolous motions. It may warn a party for a first offense or a motion that barely crossed the line into frivolous territory.
  • Awarding court costs and legal fees – Under Michigan law, the court may award the legal costs and fees incurred in defending against a frivolous motion to the opposing party who prevails. Unfortunately, reimbursement of the prevailing party’s legal fees is uncommon or when legal fees are awarded the fees often do not cover the actual attorney fees.
  • Holding the party in civil contempt – A court may hold a party or attorney who files a frivolous motion in civil contempt of court, which may allow the court to impose penalties such as fines.
  • Limiting the scope of discovery – Courts handle frivolous motions by restricting discovery to relevant, necessary evidence. This approach prevents excessive delays, reduces costs, and ensures parties focus on genuine issues central to the case.
  • Placing restrictions on filing future motions – A court may require a party who files frivolous motions to submit any proposed motions to the court so the court can screen the motion for frivolousness before allowing it on the docket.
  • Dismissing claims or defenses – In extreme cases, a court may sanction a party who files repeated frivolous motions or a frivolous motion that severely prejudices the opposing party’s case by dismissing some or all of the moving party’s claims or defenses.

How to Stop Frivolous Motions Against You in Michigan Family Law Cases

If the opposing party makes a frivolous motion in your family law case, you and your attorney can respond by serving the opposing party or their counsel with a request to withdraw the motion. By asking the other side to withdraw a frivolous motion, you can ask the court for attorney’s fees or sanctions later if the court dismisses the motion.

Frivolous motion sanctions can impose monetary penalties that may cause the opposing party to think twice about filing future frivolous motions or require them to seek court approval before filing future motions. In some cases, sanctions may give you an advantage in the case, such as court rulings in your favor on various issues, claims, or defenses.

How Kraayeveld Family Law Can Help You Deal with Frivolous Motions in Michigan

If frivolous motions are served against you, the family law attorneys at Kraayeveld Family Law can advocate for your rights and interests by:

  • Reviewing the motion and the facts of your case to determine the motion’s frivolousness
  • Contacting the opposing party or their counsel to withdraw the motion
  • Preparing a compelling opposition brief to highlight the frivolous nature of the motion
  • Filing a request for sanctions if the court denies the motion as frivolous to obtain financial relief from your additional legal expenses and protection against future frivolous motions

When your ex-spouse or another party has engaged in abusive litigation tactics in your family law case, you may have the right to seek relief from the court. It may include financial compensation for your additional legal costs and protection from future frivolous motions.

Contact Kraayeveld Family Law today or call us at 616-383-2679 to schedule an initial consultation with a family law attorney to discuss your legal options for addressing a frivolous motion in your case.