Denied Parenting Time in Michigan? Here's What to Do

If you are facing the frustrating and heartbreaking situation of denying parenting time in Michigan, know that you are not alone. Michigan Family Law provides frameworks for ensuring children have consistent access to both parents. The Friend of the Court, a critical arm of the Michigan court system, investigates and makes recommendations regarding parenting time disputes. When one parent is denying parenting time in Michigan, it's crucial to understand your rights and the remedies available, which may involve filing a motion with the Circuit Court. Remember, resources like the State Bar of Michigan offer valuable legal information and assistance.

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Denied Parenting Time in Michigan? Here's What to Do

If you're facing the frustration and heartbreak of being denied court-ordered parenting time in Michigan, know that you have options. Michigan law takes parenting time violations seriously. This article provides a step-by-step guide on how to address the situation and protect your right to spend time with your child.

Understanding Your Parenting Time Order

First and foremost, it's crucial to fully understand the specifics of your existing parenting time order. This document, issued by the court, details exactly when and how each parent is entitled to spend time with the child.

• Key Information:

  • Specific dates and times for regular parenting time.
  • Holiday schedules and how they are divided.
  • Pick-up and drop-off locations and procedures.
  • Any special conditions or restrictions on parenting time.

• Review Thoroughly: Take the time to carefully read and re-read your order. Note any ambiguity or areas where the other parent might attempt to misinterpret the rules.

Documenting the Denials

Keeping a detailed record of each instance where parenting time is denied is essential. This documentation will serve as evidence if you need to take legal action.

• What to Document:

  • Date and time of the denied visit.
  • The reason given for the denial (if any).
  • How you attempted to communicate with the other parent.
  • Any witnesses to the denial (e.g., family members present at the drop-off location).
  • Preserve any communication that proves the denial (text messages, emails).

• Example Log:

  Date	Time	Reason Given	Communication Attempts	Witnesses
  2024-10-27	10:00 AM	"Child has a sudden fever."	Text, Phone Call	Grandma
  2024-10-28	06:00 PM	"Child is too tired for a visit."	Text
  2024-10-29	06:00 PM	"Child has a sporting event."	Text, Phone Call	Uncle

Communicating with the Other Parent (If Safe to Do So)

While documenting is important, attempting to resolve the issue directly with the other parent may be necessary. However, only attempt this if you feel safe and it won't escalate the situation.

• Keep it Civil: Remain calm and respectful, even if you are frustrated.
• Refer to the Order: Remind the other parent of the specific terms of the parenting time order.
• Document the Communication: Save copies of all emails, text messages, or letters.
• Consider Mediation: If communication is difficult, explore the possibility of mediation. A neutral third party can help facilitate a constructive conversation.

Filing a Motion for Order to Show Cause

If direct communication fails to resolve the problem, you may need to file a Motion for Order to Show Cause with the court. This motion asks the court to order the other parent to appear in court and explain why they should not be held in contempt for violating the parenting time order.

Steps to Filing:

1. Consult with an Attorney: It is highly recommended that you consult with an experienced Michigan family law attorney before filing any legal paperwork. An attorney can advise you on the best course of action, ensure your paperwork is properly prepared, and represent you in court.

2. Prepare the Motion: Your motion must clearly state the facts of the case, including:

   • The existence of a valid parenting time order.
   • Specific instances of denied parenting time.
   • The harm caused by the denial of parenting time.
   • The relief you are requesting (e.g., make-up parenting time, sanctions against the other parent).
3. File the Motion with the Court: File the motion with the court that issued the original parenting time order. You will likely need to pay a filing fee.
4. Serve the Other Parent: You must properly serve the other parent with a copy of the motion and a notice of the court hearing. This usually requires hiring a process server.

What to Expect at the Show Cause Hearing

At the Show Cause hearing, the court will hear evidence from both sides. Be prepared to present your documentation and testify about the denied parenting time.

• Evidence to Present:

  • A copy of your parenting time order.
  • Your documentation of denied parenting time (e.g., your log, emails, text messages).
  • Any other evidence that supports your claim.

• Possible Outcomes: The court has several options if it finds that the other parent violated the parenting time order:

  1. Make-Up Parenting Time: The court may order the other parent to provide you with additional parenting time to compensate for the missed visits.
  2. Fines: The court may impose a fine on the other parent.
  3. Incarceration: In extreme cases of repeated violations, the court may sentence the other parent to jail.
  4. Modification of the Parenting Time Order: The court may modify the parenting time order if it finds that the current arrangement is not working in the best interests of the child.
  5. Attorney Fees: The court can order the violating party to pay the wronged party's legal fees.

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