Parenting after divorce isn’t always easy, especially when one parent ignores the custody order and parenting time guidelines. If your co-parent is limiting, blocking, or manipulating your time with your child, you may be experiencing what Michigan law calls parenting time interference.
Quality time with your children is precious. But denial of parenting time can be heartbreaking. That’s why it’s important to understand parenting time interference and learn ways to stop it.
What Is Parenting Time Interference?
Denial of parenting time can take many forms, including repeatedly cancelling visits and ignoring scheduled phone calls. It can deeply impact your relationship with your child and impedes on your legal rights as a parent. So, what do you do about it?
Parenting time interference is a blatant disregard for court-ordered parenting schedules, which is considered contempt. An experienced family law attorney may be able to help you pursue appropriate consequences for this contempt.
Examples of denial of parenting time may include:
- Refusing to exchange the child at the agreed-upon time
- Cancelling visits without legitimate cause
- Repeatedly showing up late or ending visits early
- Coaching the child to refuse visits
- Moving the child without notice or permission
This behavior is frustrating, but it’s also a direct violation of a legal order. Contact Richards Family Law to determine if your co-parent’s behavior qualifies as parenting time interference and explore ways to resolve it.
Denial of Parenting Time Under Michigan Law
Unless there’s a legitimate emergency or danger to the child, denial of parenting time is a violation of court orders and can have serious consequences. Under Michigan Compiled Laws (MCL 722.27a), both parents are expected to comply with the parenting time arrangement unless the court modifies it.
If one parent interferes with or denies court-ordered parenting time, the other parent has the right to file a complaint or a motion with the court. Judges take these violations seriously and may order make-up time, issue fines, or even change custody if the interference continues.
What To Do About Parenting Time Interference in Michigan
You don’t have to accept the denial of parenting time. Michigan courts provide resources for co-parents experiencing parenting time interference. Start by documenting everything.
- Dates and times of denials or disruptions
- Screenshots of text messages or emails
- Notes on conversations or behaviors
- Witness statements
Sometimes, miscommunication or temporary issues are at play. So, if possible, try to resolve the issue civilly outside of court. However, if the behavior is ongoing, intentional, or malicious, consider taking legal action to protect your family’s bond.
Then, file a Motion Regarding Parenting Time with the court that made the initial parenting time order. A judge can order enforcement, modify the parenting schedule, or impose penalties for ongoing interference.
In extreme cases, courts can even hold the interfering parent in contempt, which may include fines, make-up time, or jail time if the violations are severe and willful.
Parent Time Interference FAQs
Q: Can parenting time be withheld for nonpayment of child support?
A: Parenting time and child support are separate legal issues. A parent cannot withhold visits because the other parent has fallen behind on support payments. Moreover, child support cannot be stopped due to missed visits
Q: What happens if my child refuses to go with the other parent?
A: Unless your child is in danger, you are still responsible for making parenting time happen. Michigan courts expect both parents to encourage and facilitate time with the other parent, even if the child objects.
Q: What does parenting time interference become parental alienation?
A: Parental alienation is where a child becomes emotionally distanced or estranged from one parent due to the other’s influence. If the court determines that one parent is intentionally sabotaging the child’s relationship with the other, it may result in a custody modification or court-ordered counseling.
Takeaway
You have a right to spend meaningful time with your child. If you’re dealing with parenting time interference or denial of parenting time, acting quickly and strategically is key. Contact Richards Family Law today to explore your options and take action.
