Parenting Time Enforcement

Parenting Time Enforcement

FOC PARENTING TIME ENFORCEMENT
The FOC must begin enforcement proceedings when it receives a written complaint stating specific facts including dates, times, and reasons given for an alleged denial of parenting time AND if the FOC determines that there is reason to believe the court order was violated. All parenting time complaints must be in writing.

Written Parenting Time Order
The FOC can only enforce written orders of the Court. Written or verbal agreements between the parents cannot be enforced. If you and the other parent went outside the court order, the FOC cannot assist you. In addition, your parenting time order must be specific and it must be clear that a denial has taken place.


FOC Enforcement Process
Once the FOC receives a written complaint alleging a parenting time violation, it will:

Verify if it is a valid complaint:
The FOC will check to make sure the submitted parenting time complaint is valid. The FOC will first determine if the alleged denial of parenting time violated the court order. The FOC may not be able to enforce certain complaints due to the way your court order is written. The FOC will also check previous complaints to determine if the party submitting the complaint has submitted two or more unwarranted complaints where costs were assessed and are unpaid. Finally, the FOC will make sure the complaint was submitted within 56 days from the date the violation occurred.

Send a copy of the complaint to the other party:
If the FOC determines a party has submitted a valid parenting time complaint, it will send the other party a copy of the complaint within 14 days.  The FOC may ask the other party to respond to your complaint or may investigate your complaint further by asking you for additional information.

Parenting Time Violations
If the Friend of the Court determines that a parenting time violation has occurred, it may do any of the following:

Makeup Parenting Time:
The FOC may send a notice to both parties informing them that the party who denied parenting time is required to provide the other party makeup parenting time per the Clare County Make-up Parenting Time Policy. Either party may object to the makeup parenting time by submitting a written objection to the FOC within 21 days after the notice is sent. If a party objects to makeup parenting time, the FOC will select another enforcement procedure. If neither party objects, the FOC will send another notice to the parties indicating the makeup parenting time must occur.

Schedule Mediation:
The FOC may schedule mediation. During mediation, the parties meet with an individual appointed by the court who helps the parties resolve their parenting time dispute. If the parties reach an agreement, the agreement will be prepared as an order and submitted to the judge for approval. If the parties do not reach an agreement, the FOC office may select another enforcement procedure.

Schedule a Joint Meeting:

The FOC may schedule a joint meeting. At a joint meeting, the parties meet with FOC staff to discuss solutions to the alleged parenting time violation. If the parties reach an agreement, the agreement will be prepared as an order and submitted to the judge for approval. If the parties do not reach an agreement, the FOC may recommend an order to the court. A party who disagrees with the recommendation must submit a written objection to the FOC. If a timely objection is made, a hearing will be held to resolve the parenting time dispute. The hearing may be heard before a referee or the judge.  

Schedule a Civil Contempt Hearing:
For more serious violations, the FOC may schedule a hearing. These hearings are called contempt or show cause hearings. These hearings might be used after serious or multiple violations of an order. At the hearing, the alleged violating party has an opportunity to explain to the judge or referee the reasons for violating the court order, or prove the violation did not occur. A judge or referee who finds a party violated the court order without good cause may do any of the following:
• Order additional terms;
• Modify the parenting time order;
• Order makeup parenting time;
• Order a fine of $100 or less;
• Commit the party to jail or an alternative to jail with work release (not more than 45 days for the first contempt finding and no more than 90 days for any additional contempt finding);
• Order the parent to participate in a community corrections program;
• Place the parent under the supervision of the FOC;

If the party fails to provide makeup parenting time or ongoing parenting time, the judge or referee may suspend that party’s work, or driver’s, recreational, and sporting licenses.

FOC Requests for Modification of Parenting Time:
The FOC may ask the court to modify the parents’ parenting time order. The FOC typically only requests modification when it is clear the existing order is not good for the parties or the child, and the parties do not have the ability or opportunity to do this on their own.

Clare County Makeup Parenting Time Policy
Makeup parenting time must occur within one year and must be the same as the parenting time that was denied. The wrongfully denied party is required to notify both the FOC and the other party in writing before using makeup parenting time. If makeup parenting time is awarded in your case, the parties must follow the Clare County Makeup Parenting Time Policy.

Unenforceable Issues
The FOC cannot initiate enforcement action on parent/child issues such as haircuts, curfew, etc. Those issues, along with joint-legal custody provisions, must be resolved by both parents on their own. If no mutual resolution is reached, these issues must be petitioned directly to the Circuit Court.

Calling the Police

The only time the police should be called is if the child, or one of the parents, is in imminent danger. Calling the police for a parenting time disagreement can be traumatic for your child. In addition, police officers cannot know if a custody or parenting time order is the most recent order, or if it has been changed.

In all non-violent situations, parents should make every effort to settle the dispute themselves, outside of the presence of their child. While you work out problems with the other parent, reduce your child’s exposure to your tension and conflict as much as possible. However, if a situation involves violence, the police should be notified immediately.

PARENTING TIME ENFORCEMENT ON YOUR OWN
The Friend of the Court may determine that your parenting time complaint is unenforceable. In these situations, the Friend of the Court is not obligated to initiate enforcement measures. However, you have the right to enforce the parenting time order yourself by filing a Motion and Order to Show Cause against the other party. Forms are accessible from the Michigan Supreme Court's One Court of Justice website. Please be advised that this can be a complicated process and you may wish to seek legal advice.

Friend of the Court - Clare County, Michigan