What Happens When You Get a Parenting Time Complaint: A Complete Guide to Show Cause Hearings and How to Respond in Kalamazoo County

# Understanding the Parenting Time Complaint Process

When a father receives a parenting time complaint in Kalamazoo County, it can feel like a bombshell. You suddenly have a deadline, court procedures you don't understand, and potentially a show cause hearing looming on the horizon. This guide explains exactly what happens, what your rights are, and how to respond properly.

What Is a Parenting Time Complaint?

A parenting time complaint is a formal written request filed with the Friend of the Court when one parent believes the other parent has violated a parenting time order. The complaint alleges specific violations and asks the court to take action.

The Friend of the Court is required to enforce custody and parenting time orders. In many counties, the FOC has a worker who handles only enforcement issues. When you file a complaint, the FOC will notify the other parent and may choose not to act if the complaint comes more than 56 days after the parenting time violation.

The FOC will encourage you to try to resolve the dispute yourselves first. If your dispute cannot be resolved, or if the other parent doesn't respond to the complaint, the FOC can take several actions including ordering make-up visitation, filing a motion to modify the parenting time schedule, or requesting an order for a show cause hearing.

The Show Cause Hearing Explained

A show cause hearing is a critical court proceeding where the judge decides whether a parent is in contempt for failing to obey the terms of a parenting time order. The judge will also decide what remedies to use.

If the court schedules a show cause hearing, you must attend. This is not optional. The hearing determines whether the alleged violations happened and what consequences should follow.

At the show cause hearing, the judge will review the allegations made in the complaint and hear from both parties. The parent who filed the complaint must prove that the other parent violated the order without good cause.

Your Rights When Served with a Complaint

When you receive a parenting time complaint, you have specific rights and deadlines that protect you from unfair treatment.

The 21-Day Objection Right

Under Michigan law, if the Friend of the Court determines that a procedure for resolving a parenting time dispute is unsuccessful, the FOC shall commence a civil contempt proceeding to resolve the dispute. The contempt proceeding notice must include:

• A list of each possible sanction if the parent is found in contempt
• 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

This 21-day window is critical. You have the right to request a hearing on a proposed modification of parenting time if you believe the current order needs adjustment. This right exists regardless of whether you admit or deny the allegations in the complaint.

Possible Sanctions

The contempt proceeding notice must inform you of all possible sanctions if you are found in contempt. Under Michigan law, these can include:

• Additional terms and conditions consistent with the court's parenting time order
• Modification of the parenting time order to meet the best interests of the child after notice to both parties and a hearing
• Order that make-up parenting time be provided for the wrongfully denied parent
• A fine of not more than $100
• Commitment to county jail or an alternative to jail for up to 45 days for the first finding of contempt
• Commitment to county jail with the privilege of leaving during necessary hours to go to and return from employment
• Suspension of occupational licenses, driver's licenses, or recreational licenses upon noncompliance
• Community corrections program participation
• Supervision by the FOC with conditions including parenting programs, counseling, work programs, or compliance with orders

The court must state on the record the reason it is not ordering a sanction listed in the statute.

What Good Cause Means

The law defines "good cause" as including consideration of the safety of a child or party who is governed by the parenting time order. This means that if you had a valid reason for missing or denying parenting time due to safety concerns, you may not be held in contempt.

Common examples of good cause include:

• The child was sick or injured
• There was a credible threat to the safety of yourself or the child
• You had an emergency that made parenting time impossible
• The other parent failed to meet their obligations under the order
• There were transportation or logistical barriers beyond your control

How to Respond to a Parenting Time Complaint

When you receive a parenting time complaint, you have several options for responding. Your choice depends on whether you agree with the allegations and whether you want to modify the order.

Option 1: File an Objection Within 21 Days

If you believe the current parenting time order needs modification, you should file an objection to the proposed modification within 21 days of receiving the notice. This triggers your right to a hearing where the judge can modify the parenting time order to meet the best interests of the child.

Option 2: Respond to the Allegations

If you are being accused of violating the parenting time order, you need to respond to the specific allegations. You can:

• Admit the allegations if they are accurate
• Deny the allegations and provide reasons why you did not violate the order
• Explain any legitimate obstacles that prevented compliance
• Request a hearing to present your side of the story

If you are filing a response by affidavit, you must explain the reasons why in a sworn affidavit and file it with the court within 28 days after you serve the Answer if you were served with custody papers by mail.

Option 3: Request a Hearing on Proposed Modification

Regardless of whether you admit or deny the allegations, you have the right to request a hearing on a proposed modification of parenting time within 21 days of receiving the notice. This is especially important if you believe the current order is not working in the best interests of your child.

What Happens at the Show Cause Hearing

If the FOC requests a show cause hearing, the judge will hear evidence from both parties. Here is what typically happens:

The FOC Presents Evidence

The Friend of the Court presents evidence supporting the allegations in the complaint. This may include:

• Written complaints detailing specific violations
• Calendars showing when parenting time was scheduled
• Communication between parties regarding parenting time
• Any other documentation proving violations occurred

You Present Your Defense

If you are accused of violating the order, you have the opportunity to present your side. You can:

• Explain why you did not violate the order
• Present evidence of good cause if applicable
• Show that the other parent is also violating the order
• Request a modification of the parenting time order based on changed circumstances

The Judge Makes a Decision

After hearing both sides, the judge will decide whether the parent is in contempt. The judge will also determine what remedies are appropriate. Remedies may include:

• Ordering make-up parenting time for the wrongfully denied parent
• Modifying the parenting time schedule
• Imposing fines up to $100
• Ordering compliance programs or counseling
• In extreme cases, commitment to jail with proper legal process

Important Considerations

Attendance Is Mandatory

If the court schedules a show cause hearing, you must attend. Failure to appear can result in a bench warrant requiring that you be brought before the court without unnecessary delay. The court may also order you to pay the costs of the hearing, the issuance of a warrant, the arrest, and any later hearings.

You Can File Your Own Motion

You also have the right to file a Motion and Order to Show Cause yourself if you believe the other parent is violating the parenting time order. This can be complicated, but you can get the forms from the Supreme Court's One Court of Justice website.

Child Support and Parenting Time Are Separate

Parents must pay court-ordered child support even if they are not spending time with their child. Also, parents must allow court-ordered parenting time even if they are not being paid child support. These obligations are independent of each other.

The 56-Day Limitation

The FOC will choose not to act on a complaint if it comes more than 56 days after the parenting time violation. This means that very old violations may not be subject to enforcement action.

Preparing for the Hearing

If you are facing a show cause hearing, preparation is essential. Here is what you should do:

Gather Documentation

Collect all relevant documents including:

• Your parenting time order
• Calendars or scheduling tools showing when parenting time was scheduled
• Communication with the other parent regarding parenting time
• Any evidence supporting your defense
• Documentation of good cause if applicable

Prepare Witnesses

If there are witnesses who can testify about parenting time violations or your good cause defense, contact them in advance to prepare them to testify.

Know Your Order

Familiarize yourself with the exact terms of your parenting time order. Know the specific times, drop-off and pick-up locations, and any special provisions.

Consider Legal Assistance

Whether you have low income or not, you can use the Guide to Legal Help to find lawyers in your area. If you have low income, you may qualify for free legal services.

Fee Waivers

There is no fee for filing your answer or counterclaim to a parenting time complaint. However, you may be responsible for other fees in the custody case. If you are unable to pay those fees, you can file a Fee Waiver Request with the court clerk.

The clerk must automatically approve your fee waiver if you receive public assistance based on having low income. If you do not fit into this category, a judge will review your Fee Waiver Request. The judge must waive fees if your gross household income is under 125% of the federal poverty level.

Conclusion

When you receive a parenting time complaint in Kalamazoo County, you have rights and options available to you. Understanding the show cause hearing process and responding properly within the required timeframes is essential to protecting your parenting time and avoiding unnecessary sanctions.

The key points to remember are:

• You have the right to object to a proposed modification within 21 days
• You have the right to a hearing on proposed modification
• You must attend any scheduled show cause hearing
• Good cause can protect you from contempt findings
• You can file your own motion if needed
• Fee waivers are available for qualifying individuals

By understanding the process and taking appropriate action, you can navigate the parenting time enforcement system effectively and protect your rights as a parent.