In a parenting time arrangement, one parent is in charge of picking up the child. The other parent follows suit and makes plans for the child’s return. This works well in most circumstances. The parents cooperate with one another. There are instances where one parent decides to keep the child. My ex took my child without consent and won���t return him.
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These parents now believe it to be a wise decision. The lawyers will intervene and submit motions. The court sees it this way. You’re asking the court to take a back seat so you can pursue your own interests. That is not acceptable to the court. The court will defend its stance. When the court issues an order, you are expected to abide by it. Sanctions can certainly follow.
What is parenting time? What should it mean to you?
Parenting time is the period of time a child spends with each parent when the parents do not live together. Most of the time, the parent who has sole physical custody spends a lot more time with the child. More than the other parent and gets a lot more parenting time.
In joint physical custody, parenting time is typically equal or nearly equal.
An order for custody and parenting time may be made in the context of a divorce or custody battle.�� Parenting time and custody agreements will influence aspects of your children’s lives. Your children’s living situations. How often do they see each parent, and who makes decisions for them��
Parenting time without a predetermined schedule is referred to as “reasonable parenting time.” It’s an alternative that may be permitted in place of established dates and times. The judge can resolve any disagreements about what makes up appropriate parenting time.
If you have assigned parenting time, there is a specific schedule. You can decide on a parenting time plan if you feel comfortable discussing it with the other parent. If you can’t agree on a timeline, a judge may order one for you.
The Child Custody Act of 1970 (Act 91 of 1970), Sections 722.21���722.31, defines and outlines parental and child rights. The Child Custody Act covers a wide range of issues. It covers issues such as grandparenting time, parenting time, and guardianship custodial information. Additionally, the Child Custody Act has highly strict anti-child abuse guidelines.
It is difficult for a parent to get custody if an established custodial environment or ECE with one parent already exists. A child relies on one parent for comfort, guidance, and discipline. This is on top of the child’s basic needs. The court wants to avoid unsettling changes in children’s lives.
Parenting time is a court order based on the Child Custody Act of 1970 (Act 91 of 1970). Michigan Compiled Laws (MCL) 722.27a, defines parenting time.
The Michigan Compiled Laws section 722.23 lists the 12 best interest factors. These are factors courts use in deciding custody and parenting time schedules.
Generally speaking, kids have the right to parenting time with both of their parents. Children are entitled to parenting time. The judge will impose parenting time on both parents. The judge expects compliance unless there is persuasive evidence otherwise. Evidence that will damage the child’s physical, mental, or emotional well-being.
A set of recommendations were created. These recommendations were ensuring the law was implemented correctly. This set of recommendations was referred to as the guidelines.
The Friend of the Court will work with you to make sure parenting time is distributed fairly. MCL 552.519 stipulates the State Court Administrative Office of the Michigan Supreme Court shall make publications available to each friend of the court office to aid in the performance of its duties.
It was the goal of the previous Michigan Parenting Time Guideline. The guideline was released in 2000. The aim was to educate both members of the general public and professionals. It includes court personnel who assist parents in establishing parenting time plans. March 2022 was the most recent edition of the Michigan Parenting Time Guidelines.
What if I hold on to my children and do not return them to my ex-spouse?
Before you refuse visits or take any other independent action, take into account the following:
[ 1 ]�� A child has the right to spend time with both parents. The child should not suffer consequences if a parent refuses to follow the parenting plan. The majority of children, according to research, are happier and healthier when they are given the opportunity to interact with both of their parents.
[ 2 ]�� If the other parent of your child refuses to follow the parenting plan, it is the court’s job, not yours, to set and enforce fines for any infractions by that parent.
Everyone seems to be able to define kidnapping in the conventional sense. This is when someone kidnaps a child and asks for ransom. Or a certain performance in exchange for the child’s safe release. A parent who has legal custody of their child can be accused of parental kidnapping and be found guilty. Parental kidnapping happens among separated or divorced parents. This happens when parents with a set parenting time schedule have one parent who does not adhere to it.
Although actual parental kidnapping is a crime that carries a prison sentence or a fine, this rarely applies to custody or divorce disputes. Due to the statute’s phrasing, which states that “custody or parenting time rights under a legal court order,” this rarely applies. It might not be parental kidnapping if a court order is not currently in effect. You cannot accuse the other parent of withholding the child if there is no court order specifying how much parenting time each parent is to get.
If found guilty of parental kidnapping, you could face any or all of the following penalties:
[ 1 ]�� A penalty of up to $2000;
[ 2 ]�� Imprisonment in a jail or prison for a maximum of one year and one day;
[ 3 ]�� A parent who is found guilty may be required to pay compensation for any cost to:����
[ a ]�� The other parent,��
[ b ]�� The child’s legal guardian,��
[ c ]�� The person or people who adopted the child, or��
[ d ]�� Any other person legally in charge of the child.
Costs related to trying to find and get the child back.
Police departments usually do not submit parental kidnapping for approval. Prosecutors rarely prosecute these charges. The parent calls the police to help with a problem involving a breach of a custody or parenting time order. Law enforcement frequently declines to get involved. Police tell the parties that this is a “civil matter.” That it needs to be resolved by filing motions in the court that issued the original order. On a party’s motion, the family law judge can impose fines or jail time on violators. The family law judge will use civil or criminal contempt laws. If law enforcement gets involved it is parental kidnapping that is highly serious. And involve physical abuse or even fleeing the country.
What can I do if my ex-spouse won���t return the children?
Contact the police if your non-custodial ex-spouse keeps your child for more than twenty-four hours after the time the child was to be returned. And, if you can’t get in touch with your ex, and if you think your ex is not planning to return the child.
If you think your ex would kidnap your child, your attorney can petition the court. Petitions can include safeguards like supervised visitation and posting bail. Another safeguard is entering the child’s name in the Children’s Passport Issuance Alert Program in its visitation order.
We understand how frustrating it must be to be denied parental time. You don’t need to start slamming doors or fighting with your ex-spouse. Contact a lawyer. Your lawyer will be aware of how to avoid these obstacles.
If not, speak with your neighborhood Friend of the Court.
The following steps should be taken by a party whose parenting time has been withheld for any reason (including children not being returned to the custodial parent):
[ 1 ]�� Verify the court’s most recent parenting time order to vouch for the fact that you were not granted parenting time.
��[ 2 ] Send a written complaint to the FOC office outlining the violation of parenting time.
Give specific dates and times when the parenting time was violated. The FOC office should be contacted as well before registering your complaint. Find out whether there are any further needs or crucial instructions.
[3] Make sure to timely submit your complaint. You have 56 days after the parenting time was violated to submit a written complaint to the FOC.
[4] Print down a copy of the complaint and save one for your records.
A parent abducting their own child is not unheard of. Perhaps they were denied custody or they are enraged and wish to harm the other parent. In any case, parental kidnapping is illegal both at the federal level and in Michigan. Preventing a parent or child from acquiring a passport. This is one method of preventing international parental kidnapping. It is very challenging to leave the United States without a passport.
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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.