When parents live apart, rules help decide when each parent sees the child. These rules are often called parenting time or visitation schedules. It is very important for both parents to follow these court-ordered rules to help the child feel safe and stable.
What Are Visitation Rules?
Court Orders as Rulebooks: Visitation rules are plans set by a judge in a court order. This order acts like a rulebook for parents. It tells everyone exactly when the child spends time with each parent, like weekends, holidays, or during the week. Why Rules Matter: These rules help make things clear and avoid fights. When parents follow the plan, children know what to expect. This makes changes between homes easier for them and helps keep things peaceful.
Examples of Rules:
- Weekends: Mom might have the child every other weekend.
- Holidays: Parents might switch holidays like Christmas each year.
- Pick-up/Drop-off: The order says who picks up the child and when.
Key Parts of an Order:
- Specific Times: Tells the exact days and times for visits.
- Locations: May say where pick-ups and drop-offs happen.
- Communication: Might include rules about phone calls or video chats.
Real-Life Example: Sarah and Tom have a court order. It says Tom picks up their son, Leo, from school every Friday. He brings Leo back to Sarah’s house Sunday evening. This clear rule helps Leo know his schedule.
What Happens If My Ex Breaks the Rules?
Recognizing Violations: Breaking the rules means not following the court order. This could be small things like being late sometimes. Or it could be big things like not letting the child visit at all. Repeated Problems: If your ex keeps breaking the rules over and over, it becomes a serious problem. One or two small mistakes might happen. But when it keeps happening, you need to do something about it.
Common Rule Breaking:
- Showing Up Late: Often being late for pick-ups or drop-offs.
- Missing Visits: Not showing up for scheduled parenting time.
- Blocking Visits: Stopping the child from going to the other parent’s visit.
Effects on the Child:
- Confusion: Kids get confused when plans change without reason.
- Stress: It can make children worry or feel sad.
- Hurt Relationships: It can harm the child’s bond with the parent they miss seeing.
Real-Life Example: Maria’s ex, David, is supposed to have their daughter every Saturday. But for the last month, David has cancelled at the last minute three times. This constant change is confusing for their daughter and frustrating for Maria.
Do I Need to Go to Court?
When Court is Needed: If your ex keeps breaking the visitation rules, you likely need to go back to court. The court made the rules, so the judge needs to know they are not being followed. The judge is the only one who can enforce the order. Why You Must Tell the Judge: The court does not automatically know if someone breaks the rules. You have to tell the court by filing papers. This is how you ask the judge for help to make sure the order is followed.
Steps to Take:
- Talk to a Lawyer: Get advice on how to handle the situation.
- File a Motion: Ask your lawyer to file papers with the court.
- Attend Court: Go to the court hearing to explain the problem to the judge.
Why Not Wait?:
- Problems Get Worse: Waiting can make the situation harder to fix.
- Shows Importance: Acting fast shows the court you take the rules seriously.
- Protects Child’s Time: It helps make sure your child gets their time with both parents.
Real-Life Example: Lisa’s ex-husband was supposed to return their son on Sunday nights but started keeping him until Monday mornings. After it happened three times, Lisa talked to her lawyer. Her lawyer filed papers asking the court to enforce the Sunday night return time.
How Do I Tell the Court My Ex Isn’t Following the Rules?
Filing a Motion: You tell the court by filing a legal paper called a motion. This paper explains exactly how your ex is breaking the court’s rules. It tells your side of the story to the judge. What to Include: Your motion should list the specific dates and times the rules were broken. Be clear about what was supposed to happen and what actually happened instead. Details help the judge understand the problem.
Information for Your Motion:
- Dates and Times: List each time the order was violated.
- Specific Rule Broken: Say exactly which part of the order was not followed.
- What Happened: Describe the event (e.g., late pick-up, missed visit).
Supporting Your Claims:
- Your Statement: Write down what happened (called an affidavit).
- Witnesses: If someone else saw it happen, they can provide a statement.
- Records: Keep texts, emails, or police reports if they show the violation.
Real-Life Example: John’s ex was often very late for pick-ups. John kept a log of the dates and times she was late. His lawyer used this log in the motion filed with the court to show the pattern of lateness.
What is Contempt of Court?
Breaking a Court Order: Contempt of court means someone did not obey a judge’s direct order. When a parent does not follow the visitation schedule, the judge can find them in contempt. It means they ignored the court’s authority. How a Judge Decides: The judge looks at the proof you provide in your motion. If the judge agrees that the order was clearly broken without a good reason, they can hold the other parent in contempt. You need to show evidence that the rules were violated.
What Contempt Means:
- Disobeying the Judge: The parent did not do what the court ordered.
- Needing Proof: You must show evidence the order was broken.
- Judge’s Decision: The judge decides if contempt happened based on the facts.
Proving Contempt:
- Clear Order: Show the judge the exact rule in the court order.
- Clear Violation: Provide evidence showing the rule was broken.
- No Good Excuse: Show the parent did not have a valid emergency reason.
Real-Life Example: A court order said Dad gets calls with his child Tuesday nights. Mom stopped allowing the calls. Dad filed a motion with phone records showing no calls went through. The judge found Mom in contempt for breaking the communication rule.
What Can the Judge Do If My Ex Is in Contempt?
Consequences for Violations: If the judge finds your ex in contempt, they can order consequences. The goal is to make sure the rules are followed in the future. The judge has many options to choose from. Range of Options: The judge’s action depends on how serious the rule-breaking was and how often it happened. It could be a simple warning or something more serious. The judge wants to fix the problem and protect the child’s time with both parents.
Possible Court Actions:
- Warning: The judge might give a strong warning not to do it again.
- Fines: The parent might have to pay money as a penalty.
- Paying Your Costs: The judge might order them to pay your lawyer fees for having to go to court.
Changes to Parenting Time:
- Makeup Time: Give you extra time with the child to make up for missed visits.
- Modify the Schedule: Change the visitation schedule slightly to prevent future issues.
- Major Changes (Rare): In very serious cases, the judge might change custody, but this is not common for minor violations.
Real-Life Example: Because David kept missing Saturday visits (from our earlier example), the judge ordered him to pay Maria’s court costs. The judge also gave Maria two extra makeup weekends with their daughter and warned David that further missed visits could lead to bigger changes.
What About Minor Violations, Like Being 10 Minutes Late?
Is It Worth Going to Court?: Sometimes rule breaking is small, like being 10 minutes late. Technically, it might break the rule. But you need to think if it is worth the time and money to go to court over small things. Frequency Matters: Being late once might not be a big deal. But if it happens almost every time, even 10 minutes late can become a pattern that disrupts plans. Think about how often it happens and how much it affects things.
Consider This:
- How Often?: Is it a one-time thing or a regular habit?
- The Impact: Does it cause real problems for you or the child?
- Your Goal: What do you hope to achieve by going to court?
When to Act on Small Issues:
- It’s a Pattern: If small violations happen constantly.
- Part of Bigger Problems: If lateness is combined with other rule-breaking.
- Your Lawyer Advises It: If your attorney thinks it shows disrespect for the order.
Real-Life Example: Ben’s ex was often 15 minutes late dropping off their kids. It happened almost every week. While 15 minutes seems small, it made the kids late for activities. Ben talked to his lawyer, and they decided to mention it in court along with other issues.
Why Do I Need a Lawyer for Visitation Problems?
Understanding the Law: Court rules and family law can be confusing. A lawyer who knows about Parenting Time in Michigan can explain your rights. They know how the local courts work. Handling Court Papers: Going to court involves filing the right papers, like motions. A lawyer makes sure everything is filled out correctly and filed on time. This helps avoid mistakes that could hurt your case.
How Lawyers Help:
- Give Advice: Tell you the best way to handle the problem.
- File Motions: Prepare and submit all the court documents.
- Speak for You: Talk to the judge and the other parent’s lawyer for you.
Benefits of Legal Help:
- Know the Rules: Lawyers understand complex Michigan Child Custody Laws.
- Reduce Stress: They handle the difficult parts so you don’t have to.
- Better Chance of Success: Increase your chances of getting the result you want.
Real-Life Example: When facing repeated visitation issues, Amy felt overwhelmed. She hired a family law attorney. The attorney filed the motion, gathered evidence, and spoke to the judge, successfully getting makeup time for Amy and a warning for her ex.
How Can I Document Rule Violations?
Keep Good Records: It’s very important to write down every time your ex breaks the visitation rules. Good records are strong evidence for the court. Be specific about dates, times, and what happened. What to Write Down: Use a notebook or a calendar just for this. Note the date, the time the visit was supposed to start or end, and the time it actually did. Write down any reasons given for the violation.
Types of Records:
- Journal or Log: Keep a running list of every incident.
- Calendar Notes: Mark violations on a calendar.
- Save Messages: Keep texts or emails about visitation changes or problems.
Other Evidence:
- Witnesses: Ask friends or family who saw something to write it down.
- Photos/Videos: If safe and appropriate, visual proof can sometimes help.
- Police Reports: If police were involved, get a copy of the report.
Real-Life Example: Carlos used a simple notebook. Each time his ex-wife missed a scheduled phone call with their son, he wrote the date and time. When he had to go to court, this detailed log was very helpful proof for the judge.
Can the Visitation Schedule Be Changed?
Modifying Court Orders: Yes, visitation schedules can be changed. If the current plan isn’t working or needs updates, you can ask the court to modify it. This usually requires showing a significant change in circumstances. Reasons for Change: Changes might be needed if a parent moves, a child’s needs change as they get older, or if one parent consistently violates the current order. The main focus is always what is best for the child. You can learn more about Modifying Child Custody in Michigan.
Common Reasons to Ask for Change:
- Parent Moves: A parent moves far away.
- Child’s Age: School or activity schedules change.
- Safety Concerns: Worries about the child’s safety with one parent.
Process for Modification:
- File a Motion: Ask the court officially to change the order.
- Show Change: Prove there’s a good reason for the change.
- Court Hearing: Explain to the judge why the change is needed and best for the child.
Real-Life Example: Jenny’s work schedule changed, making her old weekend visitation pickup time impossible. She filed a motion asking the court to adjust the pickup time by two hours. The judge agreed it was a reasonable change.
Extra Insights Section:
Focus on the Child: Remember that visitation rules are mainly for the child’s benefit. Consistent time with both parents is usually best. When problems happen, try to think about how it affects your child first. Communicate If Possible: While court action is needed for serious violations, try talking to your ex first about small issues if you can do so safely and calmly. Sometimes simple misunderstandings can be cleared up. But if problems continue, don’t hesitate to enforce your rights through the court.
Frequently Asked Questions (FAQs)
1. What is a parenting time order?
A parenting time order is a court document that sets the schedule for when each parent spends time with the child. It includes details like days, times, and holidays.
2. What counts as violating the order?
Violating the order means not following the rules set by the judge. This includes being late, missing visits, or not returning the child on time.
3. Do I need proof to show the order was violated?
Yes, you need to provide evidence to the judge. This can include logs, texts, emails, or witness statements showing the rules were broken.
4. Can I deny visitation if my ex violates the order?
No, you generally cannot stop visitation yourself without a court order modification. You should go back to court to address the violations.
5. What happens if I file a motion for contempt?
The court will schedule a hearing where you present your evidence. If the judge agrees the order was violated, they can hold your ex in contempt and order consequences.
6. What kind of consequences can the judge order?
Consequences range from warnings and fines to ordering makeup parenting time or payment of attorney fees. In serious cases, the judge might modify the schedule.
7. Should I go to court for minor issues like being 15 minutes late?
It depends on how often it happens and the impact. Discuss consistent minor violations with your lawyer to decide if court action is needed.
8. How much does it cost to go to court for violations?
Costs vary depending on lawyer fees and court filing fees. Sometimes, the judge can order the violating parent to pay your costs.
9. Can a lawyer help me enforce the visitation order?
Yes, a family law lawyer can help you file the correct motions and represent you in court. They can guide you through the process of enforcing the order.
10. What is makeup parenting time?
This is extra time awarded to a parent to compensate for visits missed due to the other parent’s violations. It helps ensure the child gets their scheduled time.
11. Can the police enforce a visitation order?
Police usually avoid getting involved in civil custody matters unless there’s immediate danger. They might make a report, but enforcement typically goes through the court system.
12. Where can I learn more about Michigan rules?
You can watch this video about visitation rules or explore resources on Michigan Divorce & Family Law Attorneys – ChooseGoldman for more information.
Get Help With Your Visitation Issues: Dealing with an ex who won’t follow the rules is stressful. You don’t have to handle it alone. Getting legal advice can help protect your rights and your child’s time with you.
Contact Us Today: If you are facing problems with your parenting time schedule in Michigan, reach out to Goldman and Associates. Call or text us at (248) 590-6600 for a free consultation. Visit ChooseGoldman.com to learn more and schedule your appointment online at [scheduling link].
What if Your Ex Wont Follow Visitation Rules Michigan
Learn what steps to take in Michigan if your co-parent violates the court-ordered parenting time schedule, including going to court and seeking enforcement.
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