Ryan v. Ryan
Court of Appeals of Michigan
677 N.W.2d 899 (2004)
When 16-year-old Claire Ryan's (plaintiff) relationship with her parents, Timothy and Chris Ryan (defendants), deteriorated over their disapproval of her boyfriend, Claire ran away, refused to return home, and was ultimately sent by her parents to a boarding school in Utah. Adele McGinn-Loomis, the boyfriend's mother and a court deputy clerk, conferred with the court about Claire, and attorney Mary Benedict, though Claire lacked capacity as a minor to retain counsel, filed a "Complaint for Return and Divorce from Parents" on Claire's behalf based on the boarding-school placement, later adding motions for a guardian ad litem, emancipation, and alleged abuse and neglect, all lacking required supporting documentation. The court entered an ex parte order to return Claire to Michigan, appointed a guardian ad litem, dismissed the "divorce" complaint but allowed amended emancipation and guardianship petitions, and ordered Claire into foster care without considering evidence of her parents' fitness; the parents moved to dismiss, Benedict then moved to dismiss Claire's own petitions without prejudice, the court granted that motion, and the parents appealed.
Whether it was appropriate for a court to issue orders in favor of a juvenile, based on claims unsupported by legal authority or evidence and filed by an attorney whom the juvenile lacked capacity to hire.