If a parent in Michigan feels they are being denied parenting time granted to them by a court, they can seek enforcement through the Friend of the Court (FOC). The FOC is an office that serves as an arm of the circuit court, with the primary responsibility of assisting in cases involving child support, custody and parenting time. The FOC’s is charged with making sure the best interests of the child are upheld and to help parents abide by court orders related to family law matters.
If you believe you are being denied your scheduled parenting time, the first step is to document the other parent’s conduct. Keep a record of dates, times and circumstances surrounding the missed visits. Once this is documented, you can submit a complaint to the Friend of the Court in the county where the parenting time order was issued. The complaint should specify the exact details of the alleged denial, such as how and when the order was violated.
The FOC reviews the complaint and determines whether the allegations are substantial enough to warrant enforcement proceedings. The FOC usually attempts to resolve the issue informally by contacting the other parent, encouraging compliance and scheduling a meeting of the parties. This is often the point where impasses over parenting time can be overcome. If the matter cannot be resolved informally, the FOC may file a motion asking the court to enforce the parenting time order. Both parties will be notified and have an opportunity to attend a hearing.
The outcome of the court hearing may be an order requiring make-up parenting time. In addition, the court may order the non-complying parent to pay the other parent’s expenses caused by missed parenting time, such as transportation costs or counseling. In cases of repeated and willful violations, the court has the authority to take more severe measures, such as modifying the current custody or parenting time arrangement, or, in extreme cases, holding the non-compliant parent in contempt of court and issuing sanctions.
While the FOC can assist with enforcing parenting time, they cannot change the terms of the order. If you believe that the current parenting time schedule no longer serves your child’s best interests, or if circumstances have changed substantially, an experienced child custody attorney can assist in requesting a modification of the order through the court system. A lawyer can help gather evidence, prepare the necessary motions and advocate on your behalf for a better arrangement.
Dawson Family Law, PLLC in Troy advises Michigan clients on child custody and parenting time issues and other family law matters. For a free initial consultation, call 586-514-0084 or contact me online.
