How to Respond to a Parenting Time Contempt Hearing in Michigan: What Kalamazoo County Fathers Need to Know About Their Rights, Evidence, and Defense Strategies

You received a notice from the Friend of the Court. A hearing is scheduled. A parenting time violation is alleged against you. The notice says you may be held in contempt of court. What happens next and how do you defend yourself?

This guide explains what fathers in Kalamazoo County need to know about parenting time contempt proceedings, what the law requires the Friend of the Court to do before a hearing, what sanctions the court can impose, and how to prepare your defense.

What Is a Parenting Time Contempt Hearing

A contempt hearing happens when one parent is accused of violating a court order for parenting time. In Michigan, the Friend of the Court (FOC) is required to enforce parenting time orders. When they cannot resolve a dispute through other means, they may file a civil contempt proceeding under MCL 552.644.

• A statement of the allegations upon which the dispute is based
• A list of each possible sanction if you are found in contempt
• Your right to request a hearing on a proposed modification of parenting time if requested within 21 days after the date of the notice

The contempt proceeding notice shall include, either in the notice or by reference to another document attached to the notice, a statement of the allegations upon which the dispute is based and at least all of the following: (a) A list of each possible sanction if the parent is found in contempt. (b) The right of the parent to a hearing on a proposed modification of parenting time if requested within 21 days after the date of the notice, as provided in section 45.

When the Court Can Find You in Contempt

The court must find a parent in contempt only if it determines that the parent violated a parenting time order without good cause.

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 the court must consider whether you had a valid reason for missing parenting time. Safety concerns, illness, or other circumstances that prevent compliance can be good cause.

What Sanctions the Court Can Impose

If the court finds you in contempt for violating a parenting time order without good cause, it may do one or more of the following:

• 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 (after notice to both parties and a hearing if requested)
• Order that makeup parenting time be provided for the wrongfully denied parent to take the place of wrongfully denied parenting time
• Order you to pay a fine of not more than $100
• Commit you to the county jail or an alternative to jail
• Commit you to the county jail or an alternative to jail with the privilege of leaving during hours the court determines necessary for the purpose of allowing you to go to and return from your place of employment
• Condition suspension of your occupational license, driver's license, or recreational or sporting license upon noncompliance with an order for makeup and ongoing parenting time
• Order you to participate in a community corrections program if available within the court's jurisdiction
• Place you under the supervision of the FOC for a term fixed by the court with reasonable conditions, including participating in a parenting program, drug or alcohol counseling, a work program, seeking employment, other counseling, continuing compliance with a current support or parenting time order, entering into and compliance with an arrearage payment plan, or facilitating makeup parenting time

The court may not order a change of custody as punishment for contempt of court resulting from violation of a parenting time order.

Commitment to Jail Limits

• 45 days for the first finding of contempt
• 90 days for each subsequent finding of contempt

A parent committed under these provisions shall be released if the court has reasonable cause to believe that the parent will comply with the parenting time order.

What Happens If You Do Not Appear

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

• The costs of the hearing
• The issuance of the warrant
• The arrest
• Any later hearings

These costs shall be transmitted to the county treasurer for distribution as provided in MCL 552.631.

If the hearing cannot be held immediately after your arrest, you may be released if a bond in the amount of the fines, costs, and sanctions imposed under this section and any additional amount the court determines is necessary to secure your appearance is deposited with the court.

Bad Faith Sanctions

• Not more than $250 for the first time you are 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

A sanction ordered for bad faith shall be deposited in the friend of the court fund and shall be used to fund services that are not title IV-D services.

How to Prepare Your Defense

1. Review the Notice Carefully

The notice must state the specific allegations of the violation. What parenting time did you miss? What are the dates and times? The notice must also list possible sanctions and inform you of your right to request a modification hearing within 21 days.

2. Gather Evidence of Good Cause

• Medical emergency or illness
• Work emergency that could not be avoided
• Safety concerns about the child or other party
• Transportation issues beyond your control
• The other parent's interference with parenting time

3. Attend the Hearing

If you are not represented by counsel, you should attend the show cause hearing. The court may hold the show cause hearing without the FOC unless a party presents evidence that requires further information from the FOC's records.

4. Know Your Rights

You have the right to a hearing on a proposed modification of parenting time if you request one within 21 days of the notice. You have the right to present evidence and call witnesses at the contempt hearing.

5. Do Not Agree to Unreasonable Terms

If the court orders additional terms or conditions, make sure they are consistent with the court's parenting time order and reasonable under the circumstances.

The Friend of the Court Process

In many counties, the FOC has a worker who handles only enforcement issues. The FOC is required to help you prepare your written complaint if you ask them to. The FOC will notify your child's other parent of your complaint.

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

At a show cause hearing, the judge will decide whether you are in contempt for failing to obey the terms of the order. The judge will also decide what remedies to use.

Important Legal Protections

The court must state on the record the reason the court is not ordering a sanction listed in subsection (2).

If you are found in contempt but the court does not order a sanction, it must explain why on the record.

A fine ordered under MCL 552.644(2), costs ordered under MCL 552.644(5), or a sanction ordered under MCL 552.644(6) is a judgment at the time the order is entered.

This means these orders are enforceable immediately and can be collected through standard judgment collection methods.

Bottom Line

A parenting time contempt hearing is serious, but you have rights and protections under Michigan law. The Friend of the Court must provide notice with specific allegations and possible sanctions. The court must find good cause before finding you in contempt. You have the right to present evidence, call witnesses, and request a modification hearing.

If you believe you have good cause for missing parenting time, document it carefully. If you receive a notice, review it carefully within 21 days and consider your options. You may have grounds to request a modification of parenting time or to defend against a contempt finding.