Understanding Parenting Time Enforcement in Michigan: What Fathers Need to Know About Violations and Remedies

When Parenting Time Orders Get Violated: The Legal Framework Fathers Should Know

Every parenting time order in Michigan comes with teeth. When orders are violated, the Friend of the Court has specific tools at their disposal to enforce compliance. But fathers in Kalamazoo County and throughout Michigan need to understand exactly how this works - both when they're the ones seeking enforcement and when they need to respond to enforcement actions.

This article breaks down the legal framework governing parenting time enforcement in Michigan, with particular focus on what fathers should know about the process and their rights.

The Foundation: Parenting Time Is a Right

Before diving into enforcement, it's crucial to understand that parenting time is not merely a privilege - it's a right. Under MCL 722.27a(3), a child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child's physical, mental, or emotional health.

This means that denial of parenting time is not something fathers must simply accept. The law presumes that a child has a strong relationship with both parents, and parenting time should be granted in a frequency, duration, and type reasonably calculated to promote that relationship.

How the Friend of the Court Responds to Violations

When a complaint alleging a parenting time violation is filed, the Friend of the Court is required to respond under MCL 552.641. The Friend of the Court can take several actions:

1. Apply a makeup parenting time policy
2. Commence civil contempt proceedings
3. File a motion for modification of existing parenting time provisions
4. Schedule mediation
5. Schedule a joint meeting

• If the complaining party has previously submitted 2 or more complaints that were found to be unwarranted, costs were assessed, and those costs remain unpaid
• If the alleged violation occurred more than 56 days before the complaint is submitted
• If the parenting time order does not include an enforceable provision relevant to the alleged violation

These limitations are important for fathers to understand when filing complaints or expecting enforcement action.

Civil Contempt: The Most Serious Enforcement Tool

When other enforcement methods fail, the Friend of the Court can commence civil contempt proceedings under MCL 552.644. This is the most serious enforcement tool available and comes with significant consequences.

What Constitutes Contempt

If the court finds that a parent has violated a parenting time order without good cause, the court can find that parent in contempt and impose various sanctions, including:

• Requiring additional terms and conditions consistent with the parenting time order
• Modifying the parenting time order to meet the best interests of the child (after notice and a hearing)
• Ordering makeup parenting time for the wrongfully denied parent
• Imposing fines of up to $100
• Committing the parent to county jail or an alternative to jail
• Committing the parent to jail with the privilege of leaving during employment hours
• Conditioning suspension of occupational, driver's, or recreational licenses on compliance with parenting time orders
• Ordering participation in community corrections programs, parenting programs, or counseling
• Placing the parent under supervision with reasonable conditions

Jail Commitment Limits

The law specifically limits jail commitment to a maximum of 45 days for the first finding of contempt or 90 days for each subsequent finding. Parents must be released if the court has reasonable cause to believe they will comply with the parenting time order.

Bench Warrants and Vehicle Booting

If a parent fails to appear in response to a contempt proceeding, the court can issue a bench warrant. The court may also order law enforcement to temporarily render any vehicle owned by the payer inoperable by booting or another similar method, subject to release on deposit of an appropriate bond.

Bad Faith Sanctions

• Not more than $250 for the first time
• Not more than $500 for the second time
• Not more than $1,000 for the third or subsequent time

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

Additionally, under MCL 552.644(8), if the court finds bad faith, it shall order the party to pay the other party's costs. This provision is particularly important because it can shift the financial burden of enforcement actions.

What Constitutes Good Cause

The law defines "good cause" to include, but is not limited to, consideration of the safety of a child or party who is governed by the parenting time order. This means that fathers who are unable to exercise parenting time due to safety concerns must be able to document those concerns properly.

The burden is on the party denying parenting time to show good cause on the record. Fathers should document any concerns about safety and bring them to the attention of the Friend of the Court or the court itself.

Practical Steps for Fathers

Based on this legal framework, here are practical steps fathers in Kalamazoo County should consider:

When Seeking Enforcement

1. File Written Complaints: Ensure complaints are submitted under MCL 552.511b and state specific facts about the alleged violations.

1. Document Everything: Keep detailed records of denied parenting time, including dates, times, and any communication with the other parent or Friend of the Court.

1. Understand Time Limits: Be aware that complaints filed more than 56 days after an alleged violation may be declined by the Friend of the Court.

1. Be Prepared for Costs: If your complaints are found to be unwarranted, you may be assessed costs. Make sure to pay these promptly to avoid having future complaints declined.

When Responding to Enforcement

1. Document Good Cause: If you cannot provide parenting time, document your reasons carefully, especially if they relate to safety concerns.

1. Request Modifications: Under MCL 552.644(2)(b), you have the right to request a hearing on a proposed modification of parenting time within 21 days after notice.

1. Avoid Bad Faith: Understand that acting in bad faith can result in significant sanctions. Good faith efforts to comply with orders should be documented.

1. Respond to Contempt Proceedings: If served with a contempt proceeding, respond promptly. Failure to appear can result in bench warrants and additional costs.

The Role of Mediation

Before contempt proceedings, the Friend of the Court may schedule mediation. Mediation provides an opportunity for parents to reach agreements without court intervention. Fathers should approach mediation seriously, as it can be an effective way to resolve disputes and potentially avoid more aggressive enforcement measures.

Conclusion

Michigan's parenting time enforcement framework provides fathers with meaningful tools to enforce their rights while also protecting children from abuse and neglect. Understanding the legal framework outlined in MCL 722.27a, MCL 552.641, and MCL 552.644 is essential for fathers in Kalamazoo County who are navigating the family court system.

The law recognizes parenting time as a right, not a privilege, while providing mechanisms to ensure that children's safety is protected. Fathers who understand these provisions can better advocate for themselves and their children in the court process.

If you are facing a parenting time enforcement matter in Kalamazoo County, it is important to understand your rights and options under Michigan law. This knowledge can help you navigate the system more effectively and ensure that your interests are properly represented.

*This article is for informational purposes only and does not constitute legal advice. If you are facing a family court matter, consult with a qualified family law attorney in your jurisdiction. Every case is unique, and this content is meant to educate and inform - not to replace professional legal counsel.*