How to Enforce Parenting Time in Michigan: What Kalamazoo County Fathers Need to Know About FOC Complaints, Show Cause Hearings, and Contempt

When You Cannot Get Your Time With Your Children

Parenting time is more than a court order. It is your right as a parent to spend time with your children. But when the other parent denies or obstructs your parenting time, you need to know how to enforce your rights through the system.

This guide explains how the Friend of the Court handles parenting time enforcement in Michigan, what steps you can take, and how to build a strong case for compliance with your court order.

The Friend of the Court Enforces Parenting Time Orders

The Michigan Friend of the Court is required to enforce parenting time provisions of custody orders. However, enforcement only happens when you take action.

To initiate enforcement, you must submit a written complaint that includes specific facts showing a violation of the court order. The Friend of the Court cannot act on general grievances or requests for make-up time that have not been previously denied.

What the Friend of the Court Can Enforce

The Friend of the Court enforces parenting time provisions that are written into the court order. According to the State Court Administrative Office guidelines, the Friend of the Court's primary function is to enforce and provide a remedy for denials of parenting time as outlined in the Court's order.

• You attempted to pick up your children at the agreed time and were denied access
• The other parent failed to return the child to you at the end of parenting time
• You were offered make-up time that was never provided

The Friend of the Court cannot take enforcement action on provisions outside of court-ordered parenting time, including deviations from the order, extra-curricular activities, communication requirements, taxes, or property disputes.

How to File a Parenting Time Complaint

To request enforcement, you must complete the Parenting Time Denial Complaint form and submit it to the Friend of the Court office. The complaint must include:

• Your case number
• Specific dates and times the parenting time violation occurred
• What time and where you arrived to attempt pick-up of your children
• Whether you were offered make-up time and/or already exercised make-up parenting time
• The box to review and take action to resolve my complaint must be checked

You can submit the form by mail, fax, in person, or email at friendofthecourt@macombgov.org. The other party may receive a copy of your complaint.

Complaint Time Limits

The Friend of the Court may decline to respond to a complaint if the alleged violation occurred more than 56 days before the complaint is made. This means you must act promptly when parenting time is denied.

• The court order does not include an enforceable parenting time provision
• You have made two or more similar complaints found by the court to be unwarranted and failed to pay costs assessed in those actions

What Happens After You File a Complaint

Once the Friend of the Court reviews your complaint, one of three things may occur:

1. Joint Meeting with the Parties

The Friend of the Court may schedule a joint meeting with both parents to attempt to reach an accommodation or agreement. This is often the first step in resolving a parenting time dispute.

Before a joint meeting can begin, the Friend of the Court must screen the case for domestic violence using a screening protocol provided by the State Court Administrative Office. The parties must receive a Domestic Violence Screening Form to complete and return to the Friend of the Court no less than five days prior to the meeting.

If domestic violence is indicated and appears to create physical or emotional safety concerns, the Friend of the Court will not conduct the joint meeting.

2. Makeup Parenting Time Letter

The Friend of the Court may send a makeup parenting time letter to the violating party, giving them 21 days to respond. The other party may receive a copy of this response form.

3. Civil Contempt Show Cause Hearing

If the violation appears serious or unresolved, the Friend of the Court may schedule a Civil Contempt Show Cause hearing. This gives the parent who allegedly violated the parenting time order an opportunity to show the Court why they should not be found in contempt.

What the Court Can Order If Enforcement Is Successful

If the Court finds that a party violated the parenting time order without good cause, it can take any of the following actions:

• Grant make-up time
• Place additional terms in the order
• Modify the parenting time order
• Order a fine of $100 or less
• Commit a party to jail

These enforcement tools give the Court significant power to ensure compliance with parenting time orders. However, the Court will consider whether there was good cause for the violation, such as illness, scheduling conflicts, or other factors beyond the violating party's control.

Understanding Your Parenting Time Rights

To build a strong enforcement case, you must understand your parenting time rights under Michigan law. The Friend of the Court determines parenting time schedules based on MCL 722.27a, which requires that parenting time be granted in the best interest of the child.

Statutory Factors the Court Considers

The Court analyzes the following factors when determining parenting time:

• Special circumstances or needs of the child
• Whether the child is a nursing child less than 6 months of age, or less than 1 year of age if the child receives substantial nutrition through nursing
• The reasonable likelihood of abuse or neglect of the child during parenting time
• The reasonable likelihood of abuse of a parent resulting from the exercise of parenting time
• The inconvenience to, and burdensome impact or effect on, the child of traveling for purposes of parenting time
• Whether a parent can reasonably be expected to exercise parenting time in accordance with the court order
• Whether a parent has frequently failed to exercise reasonable parenting time
• The threatened or actual detention of the child with the intent to retain or conceal the child from the other parent
• A custodial parent's temporary residence with the child in a domestic violence shelter shall not be construed as evidence of the custodial parent's intent to retain or conceal the child
• Any other relevant factors

These factors ensure that parenting time schedules are individualized to each family's unique circumstances. A parent who has been consistently involved and reliable may receive a different schedule than a parent who has been inconsistent or absent.

When Parents Cannot Agree on Parenting Time

When parents cannot work out a parenting time schedule on their own, the Friend of the Court has a duty to determine the frequency, duration, and type of parenting time to be exercised.

The Friend of the Court structures parenting time schedules with several precepts in mind:

• Every child has an inherent right to the love, affection and financial support of both parents
• Every child has a right to spend time with both parents
• It is the responsibility of both parents to insure this right of their children
• A child has a right to parenting time with a parent unless it is shown by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health

The Friend of the Court presumes that the best interest of the child is to have a strong relationship with both parents. This presumption applies unless there is clear and convincing evidence of danger to the child.

Building a Strong Enforcement Case

To maximize your chances of successful enforcement, consider these strategies:

Document Everything

• Dates and times you arrived
• Who was present
• What was said or done
• Any written communication related to parenting time

Be Prompt

The 56-day complaint deadline means you must act quickly when parenting time is denied. Delaying your complaint may result in dismissal.

Be Specific

Your complaint must include specific facts showing a violation. General statements about "not getting time" are insufficient. Provide exact dates, times, and circumstances.

Consider Alternative Dispute Resolution

The Friend of the Court provides ADR services to help parents settle disputes without going in front of a judge. Mediation can be less adversarial and may preserve your relationship with the other parent.

Understanding What the Friend of the Court Cannot Do

It is important to know the limitations of parenting time enforcement:

Not Every Denial Qualifies

• Deviations from the court order
• Abuse or neglect concerns (contact CPS at 855-444-3911 or your local police department)
• Extra-curricular activities
• Communication requirements
• Taxes or property disputes

Make-Up Time Requires Prior Offer

If you were offered make-up time and exercised it, you cannot file another complaint about the same parenting time denial. The Friend of the Court tracks whether make-up time was offered and whether it was accepted.

Repeated Unwarranted Complaints

If you have made two or more similar complaints found by the court to be unwarranted and failed to pay costs assessed in those actions, the Friend of the Court may decline to respond to future complaints.

When You Need Legal Assistance

While the Friend of the Court provides enforcement services, you may need private counsel for:

• Joint meetings that do not resolve the dispute
• Motions to request relief on matters not related to denial of parenting time
• Contempt proceedings that require legal representation
• Modification requests for parenting time schedules

The Friend of the Court may schedule a joint meeting if a parenting time dispute cannot be resolved through complaint enforcement. If a joint meeting is not successful, further enforcement proceedings may occur, such as scheduling a Civil Contempt Show Cause hearing.

Final Thoughts

Enforcing parenting time in Michigan requires patience, persistence, and proper procedure. The Friend of the Court has the authority and responsibility to enforce parenting time orders, but you must take the initiative to file complaints and follow the proper process.

Remember that the system is designed to protect the best interest of the child while ensuring both parents maintain meaningful relationships with their children. By understanding your rights and following proper enforcement procedures, you can work within the system to get the parenting time your court order guarantees.

Sources

• Macomb County Friend of the Court Parenting Time Enforcement page: https://www.macombgov.org/departments/friend-court/custody-and-parenting-time/parenting-time-enforcement
• Ingham County Friend of the Court Parenting Time FAQs: https://fc.ingham.org/courts_and_sheriff/friend_of_the_court/parenting_time_faqs.php
• State Court Administrative Office Michigan Parenting Time Guideline: https://www.courts.michigan.gov/49422a/siteassets/court-administration/standardsguidelines/foc/pt_gdlns.pdf
• Michigan Legislature Guide to Custody, Parenting Time and Support: https://www.legislature.mi.gov/Publications/FriendofCourt.pdf