When one parent violates the court-ordered parenting time schedule, it can cause harm to the child and the other parent. Whether you live in Troy, Royal Oak, Farmington Hills, or elsewhere in Oakland County, understanding your rights is essential. Michigan law provides a few tools to enforce parenting time and hold the violating parent accountable.
What Is Parenting Time Under Michigan Law?
Under Michigan law, parenting time is enforced through the Friend of the Court Act and the Support and Parenting Time Enforcement Act. The Oakland County Friend of the Court (FOC) plays a central role in administering and enforcing court orders for families within the county. “Parenting time” refers to the scheduled time that a child spends with each parent. Parenting time can be specifically outlined in a court order, or the court order can state that it be reasonable. “Reasonable parenting time” typically allows parents to decide between themselves what the schedule will be. It is important that you consult with your attorney about how and when to conduct parenting time based on what your court order says.
Common Parenting Time Violations
Parenting time violations happen when a parent interferes with the other parent’s rights under the court order. Violations typically occur when one parent:
- Denies scheduled visits
- Habitually arrives late or picks the child up early
- Refuses communication between the child and the other parent (via phone calls, video calls, texts, etc.)
Filing a Complaint in Oakland County
If you believe your rights have been violated due to actions by the other parent, the first step is to consult with a family law attorney who is experienced in parenting time violations. Your attorney may recommend that you file a complaint with the Oakland County FOC. The complaint must include specific facts and evidence of the violation. Your attorney can advise you on what information you need to collect and what course of action you should take while the complaint is pending with the FOC.
Enforcement Actions the Court Can Take
If the FOC finds that a violation occurred, they may take action to enforce your parenting time under the court order. Possible remedies include:
- Makeup parenting time (FOC may order that you have extra time with your child to “make up” for the time that you lost due to a violation by the other parent)
- Mandatory counseling (this could include parenting classes or family therapy)
- Modification of the parenting time order (if there are repeated violations and/or the violations are severe, FOC may determine the order needs to be modified. A parent typically must request a modification)
- Fines or costs
- Jail time for contempt of court (only in extreme cases)
Alternative Dispute Resolution Options
Michigan encourages peaceful resolution of disputes when possible. The FOC offers alternative dispute resolution (ADR), such as mediation, to help parents resolve disputes without going to court. You should discuss with your attorney if ADR is the best option for you based on your specific circumstances. Your attorney can be present with you during mediation to advise you and protect your and your child’s best interests.
Key Takeaways for Oakland County Parents
Retaining legal counsel early can be crucial to your case. An experienced Oakland County family law attorney can represent you and help you navigate the process more effectively. Your attorney can advise you on what steps you need to take and what options are available to you. Your attorney may advise that you:
- Document everything. Keep records of denied visits, missed calls, or hostile communication.
- Make use of the FOC’s services. They provide enforcement, mediation, and assistance.
- Consider modification. A persistent violation may justify a formal change to the court order.
Need Help Enforcing Parenting Time in Oakland County?
At The Kronzek Firm, our team understands the Oakland County FOC and how to enforce your parenting time rights under Michigan law. We can guide you through the process and work with you to enforce your rights under your parenting time order. Don’t let your relationship with your child be compromised; take action to protect it.
For more information about your options to enforce your parenting time order, contact our office to schedule a consultation.
📞 Our seasoned attorneys have fought for thousands of Michigan clients for more than 30 years. You can reach our Farmington Hills office 24/7 by calling (248) 479-6200.
[Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult an attorney for personalized guidance.]