Contempt of Court in Michigan Family Cases: What Kalamazoo County Fathers Need to Know About Parenting Time Enforcement and Show Cause Hearings

What is Contempt of Court?

Contempt of court happens when someone violates a court order. In family law cases, this most commonly occurs when a parent refuses to pay child support or denies parenting time to the other parent. Michigan law treats this seriously because court orders protect children and families.

There are two types of contempt in Michigan family cases:

• Civil contempt - The goal is to force the violating party to comply with the court order. This is the most common type in family law. The consequences are purgeable or curable, meaning if the parent starts following the order, the sanctions can be lifted.

• Criminal contempt - This involves past wrongdoings that cannot be fixed. The punishment is a fixed jail sentence, not conditional on future behavior.

According to the Michigan Legislature, if the court finds that a parent has violated a parenting time order without good cause, the court must find that parent in contempt under MCL 552.644(2).

How the Friend of the Court Handles Parenting Time Violations

The Friend of the Court (FOC) is required to enforce custody and parenting time orders in Michigan. In many counties, including Kalamazoo County, the FOC has workers who handle only enforcement issues.

• Were denied parenting time, or
• Believe your child's other parent violated the terms of your custody or parenting time order

First, make sure your order includes specific parenting time provisions that the court can enforce. The FOC is required to help you prepare your complaint if you ask them to.

The FOC will notify your child's other parent of your complaint. However, the FOC may choose not to act on your complaint if it comes more than 56 days after the parenting time violation.

• Order make-up visitation for missed parenting time
• File a motion to modify the parenting time schedule
• Request an order for a show cause hearing

One or two parenting time denials generally will not result in contempt proceedings. However, if your children's other parent develops a pattern of denying you parenting time, you and your family law attorney can file a motion to enforce your custody and parenting time order and request to hold the other party in civil contempt.

What Happens at a Show Cause Hearing

A show cause hearing is when a judge decides whether a parent is in contempt for failing to obey the terms of a court order. These hearings can be scheduled by the Friend of the Court or you can file a Motion and Order to Show Cause yourself.

At a show cause hearing, the judge will decide what remedies to use. You should attend if the court schedules one for you. You can let the FOC know about the violation and what remedy you want to ask the court for.

The judge will also determine what sanctions to impose if contempt is found. Under Michigan law, if the court finds that either parent has violated a parenting time order without good cause, the court may:

• Require additional terms and conditions consistent with the court's parenting time order
• Modify the parenting time order to meet the best interests of the child
• Order that make-up parenting time be provided for the wrongfully denied parent
• Order the parent to pay a fine of not more than $100
• Commit the parent to county jail or an alternative to jail for not more than 45 days for the first finding of contempt, or 90 days for each subsequent finding
• Suspend an occupational license, driver's license, or recreational or sporting license
• Order the parent to participate in a community corrections program
• Place the parent under supervision with conditions such as parenting programs, drug or alcohol counseling, work programs, or seeking employment

The court must state on the record the reason for not ordering any particular sanction. Good cause includes consideration of the safety of a child or party governed by the parenting time order.

Bad Faith Sanctions

• Not more than $250 for the first time the party is found to have acted in bad faith
• Not more than $500 for the second time
• Not more than $1,000 for the third or a subsequent time

These sanctions are deposited in the Friend of the Court fund and shall be used to fund services that are not Title IV-D services.

Bench Warrants and Costs

If a parent fails to appear in response to a contempt proceeding, the court may issue a bench warrant requiring that the parent be brought before the court without unnecessary delay to show cause why the parent should not be held in contempt.

The court may order the parent to pay the costs of the hearing, the issuance of the warrant, the arrest, and any later hearings. If the hearing cannot be held immediately after arrest, the parent may be released if a bond is deposited with the court.

If the court issues a bench warrant, the court may enter an order that a law enforcement agency render any vehicle owned by the payer temporarily inoperable, by booting or another similar method, subject to release on deposit of an appropriate bond.

Defenses and Good Cause

The only true defense against a contempt finding is good cause. Under Michigan law, good cause includes, but is not limited to, consideration of the safety of a child or party who is governed by the parenting time order.

This means safety concerns related to domestic violence, substance abuse, or other risks to the child can be raised as a defense. The court will consider these factors when determining whether a violation occurred without good cause.

What This Means for Fathers

If you are being denied parenting time, the Michigan system provides clear paths to enforcement:

1. Document every denied visitation with dates and times
2. File a written complaint with the Friend of the Court
3. Attend any show cause hearings that are scheduled
4. Consider filing your own Motion to Show Cause if the FOC does not act

Remember that the court must find a violation without good cause before imposing sanctions. Safety concerns and other legitimate barriers to parenting time can serve as defenses.

The Michigan Legislature has made contempt a powerful tool to ensure parenting time orders are followed. Understanding this process helps fathers protect their relationship with their children and hold the system accountable when it does not.