Legal Question in Civil Litigation in Michigan

Recovery of Attorney Fees

My wife and I recently needed to seek a judges order to empower us to continue to provide allergy immunotherapy to my wife's 8 year-old daughter. In our case, the biological father, who shares joint legal custody, refused to consent to this treatment, but really had no reason except that he wanted to be difficult. We had 5 doctors' opinions that recommended this treatment, including one that was a second opinion from an allergist that he had consulted. The cost to hire an attorney, file the motion, attend a court proceeding etc amounted to nearly $2000.00. The judge ruled in our favor ordering that we had the right to continue these treatments and the biological father may not interfere. My question is, do we have any recourse to recover these attorney fees? My thought was that we might be able to file in small claims court for reimbursement from the father. I just want to know if this is a legitimate course of action.


Asked on 10/14/05, 3:56 pm

1 Answer from Attorneys
William Stern William Stern, P.C.

Re: Recovery of Attorney Fees

The judge who ruled on the case would have to rule on whether you get the attorney fees. Generally, the fees are awarded when the position taken by the other side is frivolous. This should have been addressed at the hearing. William S. Stern

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Answered on 10/14/05, 4:23 pm


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