Parenting time orders are created to provide each parent with a clear understanding of their rights and responsibilities regarding time spent with their child. It can be incredibly frustrating, however, when the other parent refuses to comply with the visitation order. If your child’s other parent has violated the parenting time arrangement, it is imperative that you understand your legal rights and options for enforcement. Continue reading and speak with a skillful Oakland County parenting time lawyer to discuss your situation and secure experienced representation.

What is a Vistation Order?

A visitation order, formally referred to as a parenting time order in Michigan, is an agreement that dictates a noncustodial parent’s rights and responsibilities regarding time spent with their child. Even when only one parent is awarded custody, MI courts recognize the importance of allowing a child to maintain strong relationships with both parents.

The visitation order will outline the details of the noncustodial parent’s visitation rights and could be ultra specific or more flexible depending on the parents’ relationship and the details of the situation. It is important to understand that these agreements are legally binding and enforceable, so acting in opposition to the terms is a violation and can result in legal consequences.

What if a Parent Refuses to Comply With a Visitation Order in MI?

If your child’s other parent refuses to comply with the visitation order, it is important to understand your legal rights and options. You should file a motion with the court to enforce the existing custody order. A hearing can be scheduled where both you and the other parent will have the opportunity to present your sides. If the court recognizes the violation, the offending parent can face a variety of consequences.

Under MCL Section 552.644, it stipulates that if the court finds that either parent has violated a parenting time order without valid justification, they will be found in contempt. The court may impose one or more of the following penalties.

  • Require additional terms and conditions for the parenting time order
  • Modify the parenting time order to meet the best interests of the child
  • Order that makeup parenting time be provided for the wrongfully denied parent
  • Sentence the parent to county jail or an equivalent alternative
  • Sentence the parent to county jail or an equivalent alternative with the privilege of leaving during the hours the court determines necessary, and under the supervision the court considers necessary, for the purpose of allowing the parent to go to work
  • Suspend the offending parent’s occupational license, driver’s license, or recreational or sporting license upon noncompliance with an order for makeup and ongoing parenting time
  • Order the parent to participate in a community corrections program

When a parent is caught in violation of their parenting time order, they could be subject to a slew of different legal penalties. For more information and to learn about your parental rights and responsibilities, contact an attorney at Alan B. Cooper & Associates, PLLC today.