Is there a method to stop your ex from avoiding giving your child back after the summer break? Calls start coming in on Labor Day. The child is sent by the parent for parenting time. Dad does not give the child back. Mom will keep the child. The child does not arrive while you are waiting at the airport. Can I prevent my ex from withholding my child after the summer?
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A parent can’t do anything to stop this. The court advises against it. It is made quite clear by the court that this amounts to parental kidnapping. The court acts decisively. Parents may be held in contempt of court for violating parenting time and custody orders. What you can do is let the other person know there are repercussions.
What is parental kidnapping? Can a parent withhold a child from the co-parent?
A parent who has custody of their child can be accused of and found guilty of parental kidnapping. Separated or divorced parents can have a set parenting time schedule. One parent doesn’t adhere to it, this problem seems to arise most often. A parent can be found guilty of a crime that carries fines or jail time. This is if they have the intent to keep and hide a child from the other parent.
A parent can be accused of parental kidnapping. A parent is not required by law to receive official service of a custody or parenting time order. A parent is required by law to give a child back to the other parent under a court order. A Michigan prosecution will still proceed. They can move forward even if the kidnapping parent flees with the child to another state. The negative consequences of the defendant’s retention of the child is a violation. The violation of the Michigan court’s custody order happened here.
A parent can show that their actions were taken to defend their child. Defend them from an imminent and real threat of physical or mental injury, abuse, or neglect. They have a complete defense against being accused of parental kidnapping.
Since this is an affirmative defense, the onus of proof rests with the defendant. The defendant must show that his or her acts were taken to safeguard the child. The prosecutor still has the burden of proving all components of parental kidnapping. It must be proven beyond a reasonable doubt by the prosecutor. This is so even if the defendant fails to fulfill this burden of proof.
In the majority of divorce situations, there is hostility between the spouses. This can affect the continuous relationship that parents must have with their children. Arrangements for visits could lead to disagreements. A charge may be leveled. A custodial parent reschedules, cancels, or ignores a visitation. A party may believe another is unreasonable. They might not be willing to make special arrangements so the children can see both parents.
Any party may file a judicial complaint. The court will assess whether the visitation was properly canceled. Your lawyer’s job is to make sure that you get the agreed-upon access to your children. A parent can obstinately refuse to allow their children to see the other parent. That obstinate parent can be subject to pressure from the court in a variety of different ways.
Once determined and implemented, parenting time is a court order. A court order has the same outcome as a court order that imposes fines on you. It is the same court judgment that sentences criminal defendants to death. It is the same court order for incarceration. It is the same that orders exile (if such punishments are still used today). Parenting time is granted by a judge. You refuse to grant parenting time. You are essentially declaring you are refusing to carry out a court order.
What if my child refuses to go home after summertime?
It is your duty as a co-parent to encourage the parent’s bond with the child. Except in cases of abuse, it is your responsibility to ensure that parenting time proceeds smoothly. You must assist it. It must be perceived favorably. The child will be more emotionally stable at the end of the day.
Summertime will end and the regular parenting schedule will kick in. It’s time for your co-parent to enjoy the time with the children. Your child for some reason wants to stay beyond summer. You can’t allow that. There is a custody and parenting time order you need to follow. What will you do if your child wants to stay beyond summertime with your co-parent?
In reality, your co-parent will need to “persuade” your child to come along. Your co-parent must abide by the court’s ruling. Try some of the parenting techniques that other parents have found to be successful. Parents must also deal with a child who is uncooperative.
Learn more about the underlying reason for refusing to come home.
Identify the causes of your child’s refusal to go with the other parent. Your child is probably not aware of the consequences of disobeying a court order. Learn more about how to handle a refusal of parenting time. Find out why they aren’t willing to go rather than only asking them to. Your child might agree to visits. If you show empathy and compassion for their situation, they might.
Remember that you are an adult. You are the responsible parent.
Do not forget that you are the parent or co-parent. The decision-makers in this scenario are you, not your child. A mild, considerate approach probably won’t be successful. You are the best candidate to determine your child’s needs. Making your child do something they don’t want to do can make you feel guilty. This is true, especially after the strain of a divorce or custody dispute.
Talk to your co-parent. Start a conversation.
If your child declines, contact the other parent and request a justification from the child. The child might be more willing to collaborate with the other parent. You won’t be charged with purposely disobeying court orders. The better option would be to email your chat. Word of mouth is easier to refute in court than text messages and phone records.
Try your best to make sure that every pick-up and drop-off is stress-free.
The picking up and dropping off process should be as simple as possible. The impact of your co-parent and your frequent disputes throughout transitions. Your child’s reluctance to go to visitation sessions could be affected by it. During a change in custody, your co-parent might try to rile you up. Do your best and keep your mouth shut while walking with a larger-than-life attitude. Verify that your child’s luggage is ready. Other than that, everything needs to be carefully planned. If your child is going away for an extended visit, this is especially important.
Keep the encouragement going. Your child needs it.
Never give up after facing a setback. The timing of your parenting should be effectively communicated to your child. Instead of right before pick-ups and drop-offs, talk about it at other times. Once children reach a particular age, a specific belief becomes widespread. They might choose the parent with whom they wish to spend the most time. In Michigan, the judge will not even take the child’s preferences into account. The judge won’t unless the judge finds that the child is capable of making a decision. The child can be competent to communicate. Your child may have a sensible preference for parenting time and custody.
A parenting time agreement represents a commitment between parents. It is a commitment to give their children the time and space the court has ordered. You can’t just make up excuses to avoid parenting time. You are not allowed to organize activities outside a scheduled parenting time. You are not allowed to persuade individuals to drop parenting time. You are not allowed to drop the other parent’s entitlement to visitation. Without the judge’s permission, parenting time cannot be changed or limited. It is an order that the court would prefer to be enforced.
Where can I get help if my co-parent refuses to follow the parenting time and custody arrangement?
It is upsetting to be denied parenting time, but you don’t need to start fighting with your ex-spouse. Contact a lawyer. Your attorney will be knowledgeable about how to get around these challenges. If not, talk to a Friend of the Court in your area.
What is there to do at the FOC?
Take the following steps should parenting time ordered by the court be withheld:
[ 1 ] Verify the most current court-issued parenting time order. Confirm that you were denied parenting time.
[ 2 ] Write a description of the parenting time violation and submit it as a complaint to the FOC office. This is your “complaint” about parenting time. Specific dates and times when the parenting time was abused should be mentioned. The FOC office needs to be notified. Do it before filing a complaint. Find out if there are any additional requirements or important instructions.
[ 3 ] Make sure you file your complaint on time. After the parenting time was breached, you have 56 days to file a written complaint with the FOC.
[ 4 ] Print out a copy of the complaint and save one for your records.
What can you expect from the FOC?
The FOC receives a written grievance alleging a parenting time violation. This will happen next:
[ 1 ] The FOC will find out the validity of the parenting time allegation. FOC determines whether the alleged deprivation of parenting time violated the court order. The FOC will evaluate the order.
[ a ] FOC establishes if a breach took place. The FOC may not be able to enforce some allegations because of the wording of some court decisions. In some court orders, for instance, it is stated that the parties must agree on the parenting schedule. The FOC might be unable to establish if the complaint’s denial violates the order. The FOC must know what the parties agreed to.
[ b ] Analyzing previous complaints. The FOC will check to see if the complainant has submitted two or more baseless complaints. This may involve fees that have been assessed and are still owed.
[ c ] Complaints must be submitted within 56 days of the incident, and the FOC will attest to this.
[ 2 ] The FOC determines that one party has properly complained about parenting time. Within 14 days, it will provide a copy of the complaint to the other party.
What action can the FOC take against the parent who fails to return the child after summer?
The FOC has a lot of tools at its disposal to compel erring parents to follow the parenting time schedule. There are several FOC alternatives available.
Makeup Parenting Time.
FOCs begin the enforcement of parenting time with notification to both parents. FOC reminds them. One parent may have denied parenting time. That parent must grant make-up parenting time to the other party. The makeup parenting time may be opposed by either spouse. Within 21 days of receiving the notice, the parent has the option to oppose in writing to the FOC.
The FOC will choose a different enforcement method if one of the parties objects. If no party disagrees, the FOC can send each party another notice. This will alert them that the makeup parenting time must take place. Makeup parenting time is to be granted within a year. It must match the period that was first disallowed.
Example:
If one weekend was declined, a party is granted one make-up weekend. The person who was improperly denied parenting time is required to inform the FOC. Inform the other party in writing.
Schedule Mediation.
A mediation session may be planned by the FOC. Their disagreement over parenting time is settled with the mediator’s assistance. The mediator is chosen by the court. The mediator will draft the parties’ agreement if they are successful in reaching one. The mediator may request that the court approve an amended order. The parties, in this case, may not be able to agree. The FOC office could choose a different approach to enforcement.
Schedule a Joint Meeting.
The FOC may decide to schedule a joint meeting. The parties and FOC employees come together for a meeting. It is convened to talk about potential fixes. It is done for the purported parenting time violation. The FOC sets up joint meetings. It does this if the infraction concerns something like pick-up/drop-off times. It also does this for minor schedule adjustments. FOC also deals with returning a child’s belongings after parenting time. The parties can reach an agreement. A document is drafted thereafter by a FOC employee. It is submitted for the judge’s signing. Parties can fail to agree. FOC employees can propose another court order. Either party can file a written objection to the FOC’s recommendation. A judge or arbitrator can set a hearing to address the parenting time dispute.
Schedule a Civil Contempt Hearing.
The FOC may set up a hearing for more serious crimes. Show-cause or contempt proceedings are other names for these meetings. If there have been severe or ongoing violations of the order, hearings may be utilized.
The offender is given the chance to defend their actions before the court or referee. Defend themselves against accusations of defying a court order during the hearing. A judge or arbitrator who finds that a party violates a court order without good cause may:
[ a ] Place an order for more terms;
[ b ] Change the parenting time order;
[ c ] Request makeup parenting time;
[ d ] Impose a fine of no more than $100;
[ e ] Place the offender in jail or a facility that substitutes jail time for work release. (Maximum of 45 days for the first contempt finding and 90 days for any additional findings.)
[ f ] Require the parent to take part in a program for community corrections;
[ g ] Place the parent under the FOC’s watchful eye;
The judge or arbitrator may suspend the party’s work. The court can suspend driving, leisure, and sporting licenses. This is if your ex-spouse doesn’t offer make-up or continuous parenting time.
Parenting Time Modification Requests.
The FOC is entitled to request a change in the court’s parenting time arrangement. This is the timetable that the parties decided upon. The FOC has the right to request a change in the parenting time schedule from the court. The parties established the following schedule. The FOC only asks for a change where it is obvious that the current ruling is detrimental to the parties or the child. It can also be due to parties’ lack of parties’ ability or opportunity to change it on their own.
Summertime is a great way and opportunity to be with your children. It should not be a pretext to keep the children from the other parent. Parents must stick to the established custody and parenting time order. Summertime or spring break must not be used to alter the arrangements.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.