Parenting Time Enforcement
Parenting Time Enforcement ensures that court-ordered visitation schedules are followed. If one parent denies the other their rightful time without a valid reason, the affected parent can seek legal help through the court. Enforcement may involve makeup time, mediation, or legal penalties.
The FOC must begin enforcement proceedings when it receives a Parenting Time Complaint form 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.
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.
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 and Gladwin 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.