PARENTING TIME DISPUTES

ALLEGED DENIAL OF PARENTING TIME:  A custody or parenting time violation is any act or failure to act that interferes with a parent's right to interact with a child as governed by the Court Order [MCL 552.602(e)]. This includes a custodial parent's violation of parenting time provisions, and a non-custodial parent's violation of custody or parenting time provisions. A parent must attempt to pick up the child(ren) even if there are threats of denial; and wait 30 minutes beyond the scheduled time of exchange.

Agreements are encouraged, but cannot be enforced by the Friend of the Court.

If you believe that you have been denied your parenting time, the following steps must be taken for the Friend of the Court to begin an enforcement process according to your court order.

• A Parenting Time Affidavit form, or a complaint in the form of an Affidavit as required by MCR3.606, must be completed fully, signed, dated, notarized AND submitted in person or via facsimile or mail to the Office of the Friend of the Court within 56 days of the alleged date of denial (MCL 552.602).  Each alleged denial must be on a separate form.
• The Friend of the Court will determine whether the alleged violation is enforceable under the current order of the court within seven (7) business days.

If enforceable:

A 21-Day Notice will be sent to the alleged offender for a written response.

If not enforceable:

A determination will be sent explaining why the Affidavit will not be processed further or is invalid.

• The Friend of the Court shall render a DETERMINATION of Parenting Time Affidavit once a response is received or following the 21-Day period. This determination shall be sent to both parents.  

Response within 21 days:

The Friend of the Court shall initiate an enforcement method per MCL 552.641; through a DETERMINATION of Parenting Time Affidavit.

No response within 21 days:

Will be considered an agreement parenting time was wrongfully denied and make up time will be awarded (MCL 552.642(1).

Right to OBJECT:  Either parent has the right to submit an OBJECTION (insert link to: tuscolacounty.org/foc/forms/objection.pdf)form if s/he is in disagreement of the Determination of Parenting Time Affidavit.

MAKE UP PARENTING TIME POLICY

1). Makeup parenting time shall be the same type and duration of parenting time as the parenting time that was considered denied, but not limited to:

    a). Weekend for weekend

    b). Holiday for holiday

    c). Summer for summer

    d). School break time for school break time

    e). Other: Court or FOC discretion, such as when there is not the option of taking the "same type" or "duration" due to distance or court order timeframes of the schedule or other relevant reasoning.

2). Makeup parenting time shall be exercised within one (1) year of the date the makeup parenting time was awarded.  An exception may be made IF this is not possible due to the amount of make up awarded and/or interruption of the child's academic school year.

3). The wrongfully denied parent shall choose the date(s) that the makeup parenting time is to be exercised.

4). The wrongfully denied parent shall notify the other parent and the FOC in writing at least seven (7) days in advance of the chosen makeup date(s) for weekend makeup time or at least twenty-eight (28) days in advance of the chosen makeup date(s) for holiday, summer, and all other parenting time(s).

BANKED PARENTING TIME:  The Friend of the Court works in a cooperative manner with other agencies, such as Children's protective services, Law enforcement, the Prosecutor's office, attorneys serving as a Guardian Ad Litem; and therefore, may not enforce an order for a period of time during an investigation with regards to the minor child(ren).  When this occurs, the Friend of the Court may "bank" the time lost for reconsideration at a later date.  Once notified the Friend of the Court will:

1.  Send a letter to each parent explaining why the parenting time or custodial order will not be enforced for a period of time, and indicate whether the time will be "banked".

2.  Upon notification of either parent that the purpose for the request is complete, make a determination as to whether make up is allowed; and provide the information to both parents.

PARENTING TIME ABATEMENT:  You will need to refer to your Uniform Child Support Order to determine whether you are eligible for a parenting time abatement.  If your order provides for an abatement, you may submit a Parenting Time Support Abatement Request form.