When judges make decisions in family law cases, they write them down as court orders. These orders are official rules that everyone involved must follow. It is very important to understand that these are not suggestions; they are legal commands. Ignoring or refusing to follow a court order, especially regarding children or property, can lead to serious problems. This guide explains what can happen if a parent decides not to obey a Michigan court order.
What Exactly is a Court Order in Michigan Family Law?
It’s a Command, Not a Suggestion: A court order is a formal instruction from a judge. It tells people what they must or must not do. Think of it as a direct command backed by the power of the court. These orders cover many things in family law, like parenting time schedules, child support payments, or how property should be divided.
Why Orders Are Made: Judges issue orders after carefully looking at the facts and the law in a case. Their goal is often to make sure things are fair and stable, especially for children. The order represents the court’s decision on how matters should be handled legally until the court changes it.
Key Features of Court Orders: * They are written documents signed by a judge.
- They clearly state the required actions or restrictions.
- They are legally binding on the parties involved.
Examples of Family Law Orders:
- Specific dates and times for child visitation.
- Amount and frequency of child support payments.
- Instructions to sell a shared home.
Example Scenario: Sarah and Tom divorced, and the court ordered Tom to pay child support every Friday. This written order is a legal command Tom must obey. It’s not just a suggestion for when he might pay.
Can I Ignore a Parenting Time Order If I Disagree With It?
Following the Order is Required: No, you cannot legally ignore a parenting time order just because you disagree with it. Even if you think the schedule is unfair or not best for your child, the order stays in effect. You must follow the schedule exactly as written unless the court officially changes it.
How to Handle Disagreements: If you believe the parenting time order needs to be changed, you must go back to court. You can file a motion asking the judge to modify the order based on new circumstances or concerns. Simply deciding not to follow it yourself can lead to serious trouble with the court.
Reasons People Might Disagree (But Still Must Comply):
- Believing the schedule disrupts the child’s routine.
- Disliking the other parent’s choices during their time.
- Thinking the child doesn’t want to go.
Steps If You Disagree:
- Continue following the current order precisely.
- Talk to a Michigan family law attorney about your options.
- File a formal request (motion) with the court to change the order.
Example Scenario: Lisa thinks her ex-husband Mark lets their son stay up too late during his parenting time. Even though Lisa disagrees with Mark’s parenting style, she must still send their son for visits according to the court order. Her option is to seek a modification in court, not withhold the child.
What Are the Potential Consequences If I Refuse to Follow a Parenting Time Schedule?
Serious Court Actions: If you refuse to follow a court-ordered parenting time schedule, the other parent can take you back to court. The judge has several ways to enforce the order and penalize you for not complying. These consequences can range from financial penalties to, in extreme cases, jail time.
Impact on Future Custody: Consistently violating parenting time orders can also harm your chances in future custody decisions. Judges look very unfavorably on parents who disregard court commands. It might even lead the court to reconsider the current custody arrangement if violations are severe or repeated.
Possible Court Actions:
- Ordering make-up parenting time for the missed visits.
- Finding you in contempt of court.
- Requiring you to pay the other parent’s attorney fees.
Long-Term Effects:
- Damage to your co-parenting relationship.
- Increased legal costs from enforcement actions.
- Potential changes to the custody or parenting time order against you.
Example Scenario: David repeatedly refused to let his daughter visit her mother on the court-ordered weekends. The mother filed a motion, and the judge found David in contempt. The judge ordered immediate make-up time and warned David that further violations could lead to stricter penalties, including considering a change in custody.
Could I Go to Jail for Violating a Custody or Parenting Time Order?
Jail Time is Possible: Yes, in serious cases of non-compliance, a judge can sentence a parent to jail for contempt of court. This is usually reserved for situations where a parent repeatedly and deliberately ignores the court’s orders despite warnings or lesser penalties. It shows how seriously the courts take violations.
When Jail Might Be Used: Jail is typically a last resort after other methods like fines or make-up time have failed. If a parent continually refuses access to the child, hides the child, or shows complete disregard for the court’s authority, jail becomes a real possibility. The transcript mentions a case where a mother faced 60 days in jail for persistent refusal.
Factors Leading to Jail:
- Multiple violations of the same order.
- Ignoring previous court warnings or fines.
- Actions that actively hide or withhold the child.
What Contempt Means:
- Disobeying a lawful court order.
- Showing disrespect for the court’s authority.
- Potentially facing jail, fines, or both as punishment.
Example Scenario: As mentioned in the video discussion about what happens when a parent refuses to follow an order, a mother consistently denied parenting time, ignored fines, and even refused to open the door for police. After multiple motions, the court ultimately sentenced her to 60 days in jail for contempt.
What Are the Financial Penalties for Ignoring Court Orders?
Fines and Attorney Fees: The court can impose financial penalties if you violate an order. This can include direct fines payable to the court or the county. Additionally, the judge might order you to pay the other parent’s attorney fees and costs incurred because they had to file a motion to enforce the order.
Purpose of Financial Penalties: These financial consequences serve two main purposes. They aim to compensate the other party for the trouble and expense caused by the violation. They also act as a deterrent, discouraging future non-compliance by making it costly.
Types of Financial Penalties:
- Court fines for contempt.
- Reimbursement of the other parent’s legal fees.
- Costs associated with missed appointments or travel (if applicable).
How Penalties Add Up:
- Each violation can result in new fines or fee awards.
- Failure to pay penalties can lead to further court action.
- Costs can quickly become substantial with repeated issues.
Example Scenario: A father failed to return his child on time after a holiday visit, causing the mother to miss work and consult her attorney. The judge ordered the father to pay a $500 fine for contempt and also reimburse the mother $1,000 for her lost wages and attorney fees related to the enforcement motion.
Can the Court Force Me to Sell My House If It’s Ordered in a Divorce?
Yes, Court Orders Must Be Followed: If your divorce judgment or court order specifically states that the marital home must be sold, you are legally required to cooperate with the sale process. Refusing to put the house up for sale or hindering the process violates that order. This applies just like any other court command.
Consequences of Refusal: Similar to parenting time violations, refusing to comply with an order to sell property can lead to contempt proceedings. The court can impose fines, order you to pay the other party’s costs, or even appoint someone else (like a receiver) to manage the sale of the property against your wishes.
Reasons for Ordering a Sale:
- To divide the equity fairly between spouses.
- Because neither party can afford to buy out the other.
- To resolve disputes over the property.
What Refusal Looks Like:
- Not signing listing agreements.
- Refusing showings to potential buyers.
- Setting an unrealistic sale price.
Example Scenario: In their divorce, Maria was ordered to cooperate in selling the family home by July 1st. She refused to sign the listing paperwork because she wanted to stay there longer. Her ex-husband filed a motion, and the court held Maria in contempt, ordering her to sign immediately or face daily fines.
How Do Police Typically Handle Parenting Time Disputes?
Limited Police Role: Police officers often have a limited role in enforcing parenting time orders directly. While you can call them if you are denied your court-ordered time, they usually cannot force the other parent to hand over the child. Their primary concern is keeping the peace and ensuring immediate safety.
Police Report is Key: Officers will typically advise the parents that parenting time enforcement is a civil matter for the court to handle. However, they should create a police report documenting the incident, including who was present, what was said, and the refusal to comply with the order. This report can be crucial evidence if you file an enforcement motion in court.
What Police Usually Do:
- Document the situation in a report.
- Advise parties to seek resolution through the court.
- Intervene only if there’s an immediate safety risk (like suspected abuse).
What Police Usually Don’t Do:
- Physically force a child exchange based solely on a civil order.
- Arrest a parent simply for denying civil parenting time.
- Interpret complex details of the parenting order.
Example Scenario: Jason arrived to pick up his children for his scheduled weekend, but his ex-wife refused to let them go. Jason called the police. The officers spoke to both parents, and confirmed the existence of the order, but told Jason they couldn’t force the exchange and advised him to take the matter to court, providing him with a report number.
What Does Being Held “In Contempt of Court” Mean in Family Law?
Definition of Contempt: Contempt of court occurs when someone willfully disobeys a lawful court order or shows disrespect to the court’s authority. In family law, it most often means failing to follow specific instructions in order, like paying support, allowing parenting time, or cooperating with property division.
Purpose of Contempt Findings: Finding someone in contempt is the court’s way of enforcing its orders and upholding its authority. It signals that violations will not be tolerated. The goal can be punitive (to punish past behavior) or coercive (to compel future compliance).
Types of Contempt:
- Civil Contempt: Usually aims to force compliance (e.g., jail until support is paid).
- Criminal Contempt: Aims to punish past disobedience (e.g., a fixed jail term or fine).
- Direct Contempt: Happens in the judge’s presence (e.g., yelling in court).
Requirements for Contempt Finding:
- A clear and valid court order existed.
- The accused person knew about the order.
- The accused person willfully violated the order.
Example Scenario: A parent was ordered to pay $500 in child support monthly but stopped paying without a valid reason. The other parent filed a motion for contempt. The judge found the non-paying parent in civil contempt and ordered them jailed until they paid a significant portion of the arrears to compel compliance.
How Can I Formally Enforce a Court Order If the Other Parent Isn’t Complying?
Filing a Motion: The primary way to enforce a court order is to file a formal request, called a motion, with the court that issued the original order. This motion should clearly state which part of the order is being violated, provide specific examples and dates of non-compliance, and ask the judge to take specific actions.
Evidence is Crucial: When filing an enforcement motion, you need to provide evidence to support your claims. This can include emails, text messages, police report documenting denied parenting time, financial records showing unpaid support, or witness statements. Strong evidence makes it easier for the judge to see the violation and take action, potentially including addressing what to do if your ex refuses to follow the parenting time plan.
Steps to Enforce:
- Gather specific evidence of the violations.
- Consult with a family law attorney.
- File a “Motion to Enforce” or “Motion for Order to Show Cause” (contempt).
What to Ask the Court For:
- An order compelling compliance.
- Make-up parenting time, if applicable.
- Financial sanctions (fines, attorney fees).
Example Scenario: Brenda’s ex-husband consistently failed to pay his share of the children’s medical bills as ordered. Brenda gathered copies of the bills, proof of her payments, and text messages showing his refusal. She filed a motion with this evidence, asking the court to order him to pay the arrears and her attorney fees for having to bring the motion.
Can Violating a Court Order Negatively Affect Child Custody Decisions?
Yes, It’s a Factor: A parent’s willingness and ability to follow court orders is a factor judges consider when making or modifying child custody decisions. Repeatedly violating orders, especially those related to parenting time, can show the court that you may not prioritize the child’s relationship with the other parent or respect legal authority.
Best Interest of the Child: Courts make custody decisions based on the “best interests of the child.” A parent who demonstrates they cannot follow court rules may be seen as acting against the child’s best interests, potentially leading to reduced parenting time or even a change in the primary custody arrangement. Understanding the consequences of violating custody orders is vital.
How Violations Impact Custody:
- Shows unwillingness to facilitate the other parent relationship.
- Raises questions about judgment and stability.
- Can be seen as disregarding the rule of law.
Potential Custody Outcomes:
- Reduced parenting time for the violating parent.
- Awarding sole legal or physical custody to the compliant parent.
- Ordering supervised parenting time in extreme cases.
Example Scenario: A father frequently kept his son longer than his allotted parenting time, violating the order. The mother filed multiple enforcement motions. Citing the father’s repeated disregard for the court’s schedule, the judge modified the order, slightly reducing the father’s overnight time and emphasizing strict compliance going forward.
What Should I Do If I Realize I Might Have Violated a Court Order?
Seek Legal Advice Immediately: If you think you may have violated a court order, even accidentally, it’s crucial to speak with a qualified Michigan child custody lawyer right away. They can assess the situation, explain the potential consequences, and advise you on the best steps to take to fix the problem.
Correcting the Issue: Depending on the situation, your attorney might advise you to immediately comply with the order going forward, try to reach an agreement with the other parent to resolve the issue, or perhaps file your motion with the court to explain the circumstances or seek a modification if the order is no longer workable.
Immediate Steps to Consider:
- Stop any ongoing violations immediately.
- Document the reasons for any past non-compliance (if valid).
- Contact a family law attorney for guidance.
Possible Attorney Actions:
- Negotiate a resolution with the other parent/attorney.
- File a motion to explain or modify the order.
- Represent you in any contempt proceedings filed against you.
Example Scenario: Due to a sudden illness, Anna couldn’t facilitate parenting time one weekend as ordered. She immediately notified the father and contacted her lawyer. Her lawyer advised her to offer generous make-up time and documented the illness, helping to avoid a formal contempt finding by showing the violation wasn’t willful.
Why is Following Court Orders So Critically Important in Family Law?
Maintaining Stability and Predictability: Court orders, especially regarding children, are designed to create stability and predictability in often difficult situations. Following them ensures that children have consistent schedules and that parents understand their rights and responsibilities. Disobeying orders creates chaos and conflict.
Respecting the Legal System: Adhering to court orders shows respect for the legal process and the authority of the court. The system relies on people following the rules set by judges. Ignoring orders undermines the court’s ability to resolve disputes fairly and effectively, leading to further litigation and potentially harsher outcomes.
Benefits of Compliance:
- Creates stability for children.
- Reduces conflict between parents.
- Avoids legal penalties and extra costs.
Risks of Non-Compliance:
- Legal consequences (fines, jail, contempt).
- Negative impact on future custody decisions.
- Increased hostility and stress for everyone involved.
Example Scenario: Despite their disagreements, both parents strictly followed the court’s detailed holiday parenting schedule. This prevented arguments over holiday plans each year and allowed the children to know exactly where they would be, creating a more peaceful environment for them.
Proactive Communication Can Help: Sometimes, potential violations can be avoided through clear communication with the other parent. If an unavoidable issue arises (like sickness or a true emergency) that conflicts with the order, immediately informing the other parent and trying to agree on a temporary adjustment (like substitute time) can sometimes prevent escalation. However, remember that only a court can formally change the order, so agreements should ideally be confirmed in writing or through attorneys.
Orders Apply to Everyone: It’s important to remember that court orders are binding on both parties. If you believe the other parent is violating the order, you also have the right to seek enforcement through the court. Documenting their non-compliance and consulting with an attorney are the correct steps, rather than resorting to self-help by violating the order yourself in response.
Take Action Now: Don’t risk the serious consequences of violating a court order or let violations by the other parent continue unchecked. Contact Goldman & Associates for help. Call or text us at (248) 590-6600 for immediate assistance, or visit ChooseGoldman.com to schedule your free consultation today. Our experienced family law attorneys understand Michigan court procedures and can help you enforce orders or address potential violations effectively.
Court orders in Michigan family law cases are serious legal requirements. Refusing to follow them, whether regarding parenting time, property, or finances, can lead to significant consequences including fines, make-up time, attorney fee awards, contempt findings, and even jail time. Repeated violations can severely impact child custody arrangements. If you are facing difficulties complying with an order, or if the other parent is violating one, seeking legal guidance promptly is essential.
Frequently Asked Questions (FAQ)
Here are the most often-asked questions about parents refusing to follow court orders:
What is the first step if my ex isn’t following the parenting time order?
Document the violation with dates and details. Then, contact a family law attorney to discuss filing an enforcement motion with the court.
Can I stop paying child support if I’m denied parenting time?
No, child support and parenting time are separate orders. You must continue paying support while addressing the parenting time violation through the court.
How long does it take to enforce a court order?
The timeline varies depending on the court’s schedule and the complexity of the issue. Filing a motion promptly is key to getting a hearing scheduled.
What if I have a good reason for violating the order (e.g., emergency)?
Document the emergency thoroughly and inform the other parent immediately. Consult an attorney, as you may still need to explain the situation to the court.
Can a verbal agreement change a written court order?
No, only a new written order signed by the judge can formally change a previous court order. Verbal agreements are generally not enforceable if disputed.
Does a police report automatically enforce the order?
No, a police report serves as evidence of the incident. You still need to file a motion with the family court to request enforcement action.
What happens if I can’t afford the fines imposed by the court?
You should discuss your financial situation with the court or your attorney. Ignoring fines can lead to further penalties, including potential jail time.
Can the court take my driver’s license for violating orders?
License suspension is more commonly linked to unpaid child support. However, severe contempt could potentially involve various sanctions ordered by the judge.
Do I need an attorney to file an enforcement motion?
While you can represent yourself, navigating court procedures and presenting evidence effectively is complex. An attorney significantly increases your chances of a favorable outcome.
What if the judge doesn’t seem to care about the violations?
Ensure you are presenting clear, specific evidence of willful violations. An attorney can help frame the argument effectively based on legal standards.
Can parenting time be changed during an enforcement hearing?
Yes, if the violations are severe or show a pattern harmful to the child, the judge might modify the underlying custody or parenting time order.
If I’m found in contempt, does it go on my criminal record?
Civil contempt related to family court orders typically does not create a criminal record like a misdemeanor or felony conviction would. However, criminal contempt can have different implications.
Consequences of Violating Michigan Court Orders | Family Law
Learn what happens if a parent refuses to follow a Michigan court order for parenting time or property division. Understand fines, jail time, and custody risks.
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