When a parenting time order is put in place, the expectation is that both parents will follow it consistently and in good faith. Parenting time arrangements are designed to support a child’s stability, emotional well-being, and continued relationship with both parents. When an ex refuses to comply, the situation quickly becomes stressful and frustrating. As Michigan family law attorneys with offices in Troy and Shelby Township, we understand how disruptive it can be when court-ordered parenting schedules are ignored. Michigan law provides clear steps for enforcing parenting time, and we help parents use those tools to protect their rights and their children’s routines.
Under Michigan Compiled Laws (MCL) 722.27a, parenting time is not optional. The court expects parents to follow the order unless a true emergency prevents compliance. When violations occur, the law supports enforcement through complaints, make-up parenting time, and sanctions when necessary. The key is responding promptly and documenting each instance of non-compliance. These cases require strategy, evidence, and a clear understanding of the legal remedies the court can apply.
Understanding What Counts As A Parenting Time Violation
Parenting time violations can take many forms, and some are repeated patterns rather than isolated incidents. Common violations include refusing to exchange the child at the agreed-upon time, withholding the child for extended periods, interfering with communication, refusing transportation responsibilities outlined in the order, or manipulating the child to resist contact. Under MCL 722.31 and 722.27a, the court takes disruptions to parenting time seriously because interference can damage a child’s relationship with the other parent.
Not every issue is a willful violation. Severe weather, unavoidable delays, or medical emergencies can legitimately interfere with plans. However, when a parent consistently ignores the schedule or invents excuses to deny time, the court may view the pattern as intentional interference and take action.
Documenting Every Violation Matters
The strongest parenting time enforcement cases are built on documentation. Courts rely heavily on evidence, and detailed records provide a clear timeline of what occurred. This includes messages, call logs, missed exchanges, cancelled visits, and any written communication showing refusal to comply. Parents should avoid emotional responses and instead focus on preserving evidence. Judges expect professionalism, and accurate documentation helps demonstrate a pattern of behavior rather than a single misunderstanding.
We often advise clients to create a log including dates, times, attempted exchanges, and notes on communication. Screenshots of texts or emails should be saved in their original form. Documentation strengthens credibility and helps the court evaluate the severity of the issue.
Filing A Parenting Time Complaint Under Michigan Law
Michigan law provides a direct process for enforcing parenting time through the Friend of the Court (FOC). A formal “parenting time complaint” can be filed when a parent repeatedly violates the order. The FOC investigates the complaint, requests documentation, and may schedule a meeting or make a written recommendation. If the violation is confirmed, the court may order:
- Make-up parenting time
- Fines
- Counseling or education programs
- Changes to the exchange process
- Modification of the order if necessary
Under MCL 552.641, courts may impose additional remedies when a parent intentionally interferes with parenting time. While every case is fact-specific, the legal system is structured to protect children from instability created by repeated violations.
When Court Intervention Becomes Necessary
If informal attempts and FOC involvement do not resolve the issue, filing a motion with the court may be necessary. A judge can hear evidence, question both parents, and issue enforceable directives tailored to the situation. Courts have the authority to order make-up time, modify the existing schedule, reassign transportation duties, or impose penalties on a parent who continually violates the order.
We frequently see courts respond strongly when violations harm the child’s routine or appear to be attempts to alienate the other parent. Judges expect compliance with every court order, and they are willing to step in to restore stability.
Protecting Parental Rights And Your Child’s Stability
Responding quickly to a violation helps prevent escalation. If violations go unaddressed, they often become more frequent, making the situation harder to repair later. Michigan family courts prioritize the child’s best interests, outlined in MCL 722.23, and that includes preserving strong relationships with both parents. Enforcing a parenting time order is not about punishment but ensuring the child maintains a predictable schedule and consistent contact.
Parents should avoid retaliatory behavior, withholding support payments, or adjusting the schedule on their own. Those actions can harm the case. Instead, we encourage clients to rely on lawful remedies that reinforce compliance and protect long-term parental rights.
Michigan Parenting Time Violation Frequently Asked Questions
What Qualifies As A Violation Of A Michigan Parenting Time Order?
A violation occurs when a parent refuses or fails to follow any terms of the court-ordered schedule. This can include withholding the child, returning the child late repeatedly, refusing to exchange at the designated location, or interfering with communication. The court evaluates whether the behavior was intentional, repeated, or harmful to the child.
How Does The Friend Of The Court Handle Complaints?
The FOC reviews the complaint, gathers documentation, and may speak with both parents. It may issue a recommendation that includes make-up time or corrective steps. If the recommendation is not followed, the matter can be escalated to the judge through a motion hearing.
What If The Other Parent Blames The Child For Refusing Visitation?
Courts do not accept a child’s reluctance as a justification unless there is evidence of danger. Parents are expected to encourage compliance with the order. If a child expresses concerns, the proper step is addressing them through counseling or seeking court guidance, not unilaterally stopping parenting time.
Can Parenting Time Be Modified If Violations Continue?
Yes. A parent who repeatedly violates an order risks modified schedules or additional restrictions. Courts consider modification when violations become a pattern that disrupts the child’s stability or demonstrates an unwillingness to foster the child’s relationship with the other parent.
Should Police Be Contacted For Missed Exchanges?
Law enforcement can document an incident but may not intervene unless the order specifically includes enforcement language. Police reports may support a future court motion, but they should be used appropriately and without escalation.
Can Supervised Parenting Time Be Ordered If Violations Persist?
In serious or repeated cases, supervised time may be ordered. This is typically used when a parent shows disregard for court orders or engages in behavior affecting the child’s well-being. Each case is evaluated individually.
Is Withholding Support Allowed If The Other Parent Violates Parenting Time?
No. Child support and parenting time are legally separate. Withholding support can harm the case and may result in penalties. Violations must be addressed through legal avenues, not retaliation.
Call Boroja, Bernier & Associates For Parenting Time Enforcement Help
When a parenting time order is ignored, swift legal action helps restore consistency and protect parental rights. At Boroja, Bernier & Associates, we guide parents through complaint filings, enforcement motions, and court hearings to ensure compliance with Michigan law.
To discuss a parenting time violation and learn the next best step, call 586-991-7611 to schedule a consultation. Our offices in Troy and Shelby Township serve clients throughout Oakland County and Macomb County, providing dedicated family law representation when stability and parenting rights are at stake.
