Enforcing Parenting Time in Michigan: What to Do If Your Ex Withholds the Child

Few things are more frustrating and heartbreaking than showing up for your scheduled court-ordered visitation only to have your ex-spouse refuse to hand over the child. Whether the excuse is that the child is sick, the child does not want to go, or they are simply ignoring your texts, enforcing parenting time in Michigan requires specific, actionable steps.

Many parents in cities like Detroit, Ann Arbor, or Macomb mistakenly believe they can simply call 911 to get their child back immediately. Unfortunately, the legal system requires a formal process through the local Circuit Court and the Friend of the Court (FOC). In this guide, we will provide a clear, step-by-step path to enforce your visitation rights, request makeup time, and hold the other parent accountable for contempt of court.

The Legal Right to Parenting Time in Michigan

Once a Michigan Circuit Court issues a custody and parenting time order, it is a legally binding document. Neither parent has the right to unilaterally alter or ignore the schedule. If your ex-spouse is denying you visitation, they are in violation of a court order.

Police Intervention (Why it is a 'Civil Matter')

When an ex withholds a child, the first instinct for many parents is to call the local police. While having a police report is excellent documentation, you should manage your expectations. In Michigan, police officers typically view custody disputes as a civil matter rather than a criminal one. Unless the child is in immediate physical danger, officers will generally refuse to force a physical exchange of the child. They will tell you to take the issue up with the family court. However, requesting the police to perform a welfare check or simply asking them to document that you arrived for the exchange and were denied is highly beneficial for your future court case.

Step-by-Step Process to Enforce Parenting Time

To successfully enforce your rights, you must rely on the Friend of the Court system and proper judicial procedure. Here are the actionable steps you need to take.

Step 1: Document the Denied Visits

Evidence is everything. Keep a detailed calendar logging every missed visit. Send a polite, non-confrontational text or email to your ex confirming you are at the exchange location and they are absent. Save all communications. Courts rely on concrete evidence, not he-said-she-said arguments.

Step 2: Filing a Grievance with the FOC

Your first formal step is to file a written complaint with your local FOC, such as the Macomb County Friend of the Court, Mount Clemens or the Wayne County Friend of the Court, Detroit. Under Michigan law, the FOC is obligated to enforce parenting time orders. You must submit your written complaint within 56 days of the missed parenting time. Once received, the FOC may send a warning letter to the other parent, schedule a joint meeting, or initiate enforcement actions.

Step 3: Requesting Makeup Parenting Time

Under Mich. Comp. Laws § 552.642, if you are wrongfully denied parenting time, the FOC can apply a makeup parenting time policy. The makeup time must be of the same type and duration as the time you missed (e.g., a weekend for a weekend). Under Mich. Comp. Laws § 552.642(1)(b), this makeup time must be taken within 1 year after the wrongfully denied visit was scheduled to occur. This 1-year rule governs when the makeup time must be used, not the filing deadline; your complaint to the FOC must still be submitted within 56 days under Mich. Comp. Laws § 552.641(2)(b).

Step 4: Filing a Motion to Show Cause for Contempt

If the FOC grievance process does not fix the behavior, you need to escalate the matter. You or your local lawyer can file a formal motion with the judge. You will use Form FOC 19, Michigan, State Court Administrative Office, Motion and Order to Show Cause for Contempt (Custody/Parenting Time).

Under Mich. Comp. Laws § 552.644, the judge will hold a contempt hearing. Your ex will have to stand before the judge and explain why they violated the order. If found in contempt, the judge can impose fines of up to $100 per violation, suspend the offending parent's driver's license, award makeup time, order them to pay your attorney fees, and in extreme cases, order jail time. To navigate this effectively, consider finding a skilled family lawyer in our directory.

How Much Does it Cost in Michigan?

Enforcing your rights comes with some administrative and legal costs:

• FOC Written Complaint: Filing a standard written grievance directly with the Friend of the Court is generally free.
• Motion Filing Fee: Filing a Motion to Show Cause usually requires a $20 court fee at the circuit court clerk's office.
• Service of Process: You may pay a process server around $40 to $75 to serve the contempt motion on your ex.
• Attorney Fees: Hiring an attorney to argue a contempt hearing generally ranges from $1,500 to $4,000 depending on the complexity of the enforcement and the specific Michigan county.

How Long Does the Process Take?

Filing a grievance with the FOC will usually result in a mailed response or action within 14 to 21 days. If you bypass the FOC or escalate to filing a Motion to Show Cause, securing a hearing date with the judge typically takes 4 to 8 weeks, depending on the county court docket.

Frequently Asked Questions (FAQ)