A parenting time agreement is a court-ordered commitment by parents to spend specific amounts of time and space with their children. There is a court order requiring this. You cannot simply invent justifications for denying parenting time. You cannot deny the other parent parenting time under normal circumstances. Since parenting time is a court-mandated requirement, you cannot restrict or modify it without the judge’s approval.
Click here to watch the video on Reasons To Deny Parenting Time In Michigan
There are very few exceptions to a parenting time order unless the parent’s behavior is harmful to the child, such as coming up drunk or suggesting you transport your child in a car while drunk. The court may approve these types of situations, but in order to prevent a repeat, you must have your attorney file a request to impose conditions on them.
Never Forget: Parenting Time Is A Court Order
If you are a parent in Michigan who is thinking of denying the other parent parenting time, you need to be aware of the legislation. Parenting time is treated seriously by Michigan’s legal system, which forbids parents from denying the other parent access to their children without a valid reason.
The noncustodial parents’ time with the minor children is scheduled according to a parenting time schedule. The Circuit Courts in Michigan enforce the parenting time schedule, which is a court order.
Parenting time is embodied in a court order based on the Child Custody Act of 1970 (Act 91 of 1970) specifically under Michigan Compiled Laws (MCL) 722.27a.
The family court in each Michigan County carries out the Michigan Supreme Court’s enforcement of this Act. Circuit Court is Michigan’s family court.
A Friend of the Court or FOC is also available in each County to support the Family Court. The FOC will frequently look into custody and parenting time issues and offer advice. The FOC frequently recommends decisions on child support, parenting time, and custody.
In Michigan, you cannot object to parenting time without a court order. If you refuse the other parent visitation time, you risk being found in contempt of court. When denying parenting time in Michigan, you must always have a good cause.
If you’re the one dealing with a toxic ex in a co-parenting arrangement, you need to read our article, “How Do I Co-Parent With A Toxic Ex In Michigan?” dealing with a difficult ex-spouse in your parenting time.
Monumental Consequences of Denying Parental Time
Parenting time is the time allocated for a non-custodial parent to be with their child. There may be consequences if the custodial parent denies the non-custodial parent parenting time.
Contempt of court.
The first consequence might be for the denying parent to be held in contempt of court. This suggests that the parent who refuses could be subject to a fine or even jail time. The parent who refuses might also be expected to make up missed parenting time.
Loss of child custody.
The parent who refused custody could really lose it, which is the second consequence. This is so that the court can infer that the parent who is refusing to cooperate cannot put the needs of the child first.
The payment of attorney fees.
The parent who declines custody can also be liable for the court fees and legal expenses. Denying time to parents is a bad idea that might have consequences.
Michigan Courts Are Disproportionately Bias in Protecting Parent-Child Relationships
When parents of a kid are divorcing or living apart, the child frequently spends more time with one parent than the other per a court order. The court order may specify which parent has primary physical custody or it may refer to this arrangement as shared physical custody, with one parent having greater parenting time.
According to Michigan’s laws, kids ought to have good relationships with both parents. When granting or changing custody, the court must take the child’s best interests into account. The “best interests” are actually a collection of criteria that were established by statute.
The phrase “best interests” refers to a set of standards that were established by law. One of the deciding factors is each party’s willingness and capacity to encourage and promote a strong and long-lasting parent-child relationship between the child and the other parent or the child and the parents. This indicates that, in the perspective of the law, interfering with or denying parenting time is in direct conflict with the child’s best interests.
Get Help If You’re Denied Parenting Time
We understand how frustrating it can be to be denied parenting time but the last thing you need is you busting doors or getting into an altercation with your ex. Call your attorney. He’s going to know how to get around these things.
If not, visit your local Friend of the Court or FOC.
What can you do in the FOC?
A party that feels that parenting time mandated by the court has been denied should take the following actions:
[1] Verify you were indeed denied parenting time by looking up the most current parenting time order from the court.
[2] File a complaint: Write a description of the parenting time infraction and submit it to the FOC office. This is your parenting time “complaint”.
Specify the dates and times that the parenting time was violated. It is also best to get in touch with the FOC office before filing your complaint to see whether there are any additional requirements or important instructions.
[3] Be sure to file your complaint on time. You have 56 days from the violation of parenting time to file a written complaint with the FOC.
[4] Make a copy of the complaint, and keep one for yourself.
What can the FOC do for you?
Following receipt of a written complaint alleging a breach of parenting time, the FOC will:
[1] The FOC will confirm that the complaint regarding parenting time is legitimate before proceeding.
The FOC will review the court order to see if the claimed denial of parenting time breached the order in order to
(a) determine whether a violation occurred. Due to the language used in some court rulings, the FOC may not be able to enforce some allegations.
Example:
Some court orders specify that the parties will agree on the parenting schedule. If the FOC does not know what the parties agreed to, it may not be able to assess whether the denial in the complaint violates the order.
(b) Examining prior complaints: The FOC will determine whether the person filing the complaint has filed two or more unfounded complaints in which costs were levied and are outstanding.
(c) Timely complaint submission: The FOC will confirm that the complaint was delivered within 56 days after the incident.
[2] Send a copy of the complaint to the other party: If the FOC decides that one party has filed a legitimate parenting time complaint, it will send a copy of the complaint to the opposing party within 14 days.
What legal action can the FOC take against the parent denying parenting time?
Makeup Parenting Time: A notice reminding both parties that the person who was denied parenting time must give the other party makeup parenting time is how many FOCs start the enforcement of parenting time. Within 21 days of receiving the notice, either party may oppose the makeup parenting time by sending a written protest to the FOC.
If one of the parties opposes, the FOC will choose another method of enforcement. The FOC will give the parties another notice informing them that the makeup parenting time must take place if neither party objects.
Using Makeup Parenting Time: Makeup parenting time must be granted within a year and must correspond to the time that was originally disallowed.
Example:
If one weekend is denied, a party is granted one weekend of make-up parenting. The person who was improperly denied parenting time must give written notice to the FOC and the other party before using it.
Schedule Mediation: The FOC may plan a mediation session. The parties meet with a mediator during mediation who assists them in settling their parenting time disagreement. The mediator is chosen by the court. The mediator will draft the parties’ agreement and ask the court to sign an amended order if they are able to come to an agreement. The FOC office may choose a different enforcement method if the parties are unable to come to an agreement.
Schedule a Joint Meeting: A combined meeting could be scheduled by the FOC. The parties and FOC staff have a combined meeting to explore remedies for the claimed parenting time infraction. If the violation involves a matter like pick-up/drop-off timings, minor scheduling modifications, or the return of a child’s possessions following parenting time, the FOC may organize a joint meeting. In the event that the parties come to an agreement, the FOC employee drafts the document and requests the judge’s signature.
Employees of FOC may suggest a court order if the parties are unable to agree. A judge or referee will conduct a hearing to settle the parenting time disagreement if either party objects in writing to the FOC’s suggestion.
Schedule a Civil Contempt Hearing: The FOC may set up a hearing for more serious infractions. These proceedings are known as show cause or contempt hearings. After substantial or repeated violations of an order, these hearings may be employed.
At the hearing, the alleged offender has the chance to either defend themselves against the charge of disobeying the court order or provide the judge or referee with an explanation for their actions. If a judge or referee determines that a party disobeyed the court order without justification, they may:
(a) Order additional terms;
(b) Modify the parenting time order;
(c) Order makeup parenting time;
(d) Order a fine of $100 or less;
(e) Commit the party to jail or an alternative to jail with work release (not more than 45 days for the first contempt finding and no more than 90 days for any additional contempt finding);
(f) Order the parent to participate in a community corrections program;
(g) Place the parent under the supervision of the FOC;
If the party fails to provide makeup parenting time or ongoing parenting time, the judge or referee may suspend that party’s work, or driver’s, recreational, and sporting licenses.
Requests for Parenting Time Modification: The FOC has the right to ask the court to change the parenting time agreement between the parents. When it is obvious that the current order is bad for the parties or the child and the parties lack the ability or opportunity to change it on their own, the FOC normally merely asks for a revision.
If you want more insights about establishing parenting time schedules, read “How To Establish A Visitation Schedule Hassle-free In Michigan?” about parenting time scheduling.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Schedule your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.