When a Michigan family court signs a custody or parenting time order, both parents are legally required to follow it. But a Michigan court order gets ignored more often than families expect. A drop-off happens two hours late every week. A parent skips a scheduled weekend without notice. A co-parent makes a school or medical decision alone when the order grants joint legal custody, or disregards a sole custody arrangement altogether.
If this is happening to you in Dearborn or anywhere in Wayne, Oakland, or Macomb County, you are not stuck waiting it out. Michigan law gives you specific, enforceable options through the Friend of the Court and the family court. Contact Clarity Law Firm for a free consultation, and our Dearborn family law team can walk you through the fastest path to enforcing your order.
What To Do Right Away If Your Custody Order Is Being Ignored
Start by confirming the order actually covers what happened. A custody order or parenting plan can only be enforced if it spells out something specific, like exact overnights, exchange times, or a holiday schedule. A vague order is harder to enforce, so this is often the first thing an enforcement attorney checks.
If the order is clear and the other parent violated it, you generally have three paths forward:
- File a written complaint with the Friend of the Court, which can apply a makeup parenting time policy, refer the case to mediation, or move for a motion for contempt on your behalf.
- File your own motion for enforcement or motion for contempt directly with the court.
- Try to resolve the issue directly or through mediation, when it is safe and reasonable to do so.
If you believe your child is in immediate danger, call 911 first. A police report documents the incident, but Michigan treats most parenting time disputes as civil matters for the family court, not something local police enforce on the spot. Police involvement matters most when a child is not returned, and there is a real risk of concealment or abduction.
Learn More: Tips for Dealing With Disputes Over Child Custody
What Counts as a Custody Order Violation
Not every disagreement is a legal violation. Common violations we see in Wayne County cases include:
- Repeatedly denying scheduled parenting time without a valid reason
- Refusing to follow the visitation schedule or custody schedules set out in the order, whether it grants joint or sole custody
- Committing legal custody violations, like making school, medical, or religious decisions alone when the order grants joint legal custody
- Refusing to return the child at the agreed time, or interfering with required phone or video contact
- Ignoring a shareable parenting calendar or exchange schedule both parents agreed to
Michigan’s parenting time guidelines are also clear about what is not a valid excuse to deny parenting time, including a minor illness, bad weather, unpaid support, or the child saying they do not want to go. A child support order is a court-ordered payment, and parenting time is a court-ordered schedule, so neither parent can withhold one to enforce the other. One parent cannot withhold parenting time because a child support order is not being followed, and the other cannot withhold child support payments because parenting time was denied.
How Michigan Enforces Custody and Parenting Time Orders
Michigan’s Support and Parenting Time Enforcement Act gives the Friend of the Court several enforcement actions to choose from once a violation complaint is filed. Under MCL 552.641, the FOC generally must act within 56 days of the violation and can apply a makeup parenting time policy, start civil contempt proceedings, file a motion to modify parenting time, or schedule mediation.
If informal steps do not resolve things, the FOC or either parent can request a civil contempt hearing, also called a show cause hearing. At that hearing, a judge decides whether the other parent violated the order without good cause, which can include real safety concerns but not simple inconvenience or disagreement with the schedule.
The chart below summarizes the main routes for enforcing court orders in Michigan.
| Enforcement option | Who can file it | What it can lead to |
|---|---|---|
| Friend of the Court complaint | Either parent | Makeup parenting time, mediation, or FOC-initiated contempt action |
| Motion for enforcement | Either parent, with or without the FOC | Court order clarifying or reinforcing the existing terms |
| Motion for contempt | Either parent or the FOC | A civil contempt hearing and possible penalties |
| Motion to change custody orders | Either parent | A custody modification if the violation and the child’s best interests support it |
Michigan courts base custody decisions, including any modification, on what serves the child’s best interests, not on which parent files first.
What Can Happen at a Custody Hearing for Contempt
If a judge finds the other parent in contempt of court under MCL 552.644, the penalties are specific and capped by statute, meant to secure compliance rather than punish beyond what the law allows.
| Possible penalty | Details |
|---|---|
| Makeup parenting time | Court orders time of the same type and length as what was missed |
| Fine | Up to $100 per violation, entered as a judgment |
| Attorney fees and costs | The violating parent can be ordered to pay the other parent’s attorney fees and hearing costs |
| Jail time | Up to 45 days for a first finding of contempt, up to 90 days for later findings |
| License suspension | Driver’s, occupational, or recreational licenses, with conditions to have it reinstated |
| FOC supervision | May include a parenting program, counseling, or a structured plan to complete makeup time |
A parent who acts in bad faith can also face a separate, mandatory fine that increases with repeat violations, on top of fines and attorney’s fees tied to the original contempt finding. None of this happens automatically. The court must find a violation occurred and that the parent lacked good cause before any penalty applies, and outcomes always depend on the specific facts of the case.
Documenting a Custody Order Violation
Courts and the Friend of the Court rely heavily on documentation. Before you file anything, start keeping a clear, factual record:
- Write down the date, time, and what happened for every missed exchange or denied visit
- Save texts, emails, or app messages about the schedule
- Keep a copy of the custody order or parenting plan on hand
- Note any witnesses present at exchanges
- Avoid confrontational language when you communicate. Courts respond well to parents who stay calm and factual
A shared digital calendar can help both parents track exchanges, and it gives you a clean record if you need to file a complaint later.
Should You Negotiate, Mediate, or Go to Court?
Not every violation needs a courtroom. A direct conversation or a short mediation session, which the Friend of the Court often offers as a first step, can resolve a one-time miscommunication faster than any motion.
Ongoing or serious violations usually call for something more formal, like an enforcement motion or a full civil contempt hearing. If a parent keeps undermining the custody agreement, it may also be worth discussing custody modification rather than repeated enforcement filings. There is no single right answer. The best approach depends on the history between the parents and what will genuinely work for your child.
Local Court Context: Wayne County and the Friend of the Court
Most Dearborn-area custody cases are heard in Wayne County’s Third Judicial Circuit Court, Family Division, and that court’s Friend of the Court office handles most enforcement complaints before a case reaches a judge. A custody hearing on a parenting time complaint in this county typically starts with an FOC referral rather than going straight before a judge. Knowing how that specific office and courtroom operate can shape how quickly a violation gets resolved.
How Clarity Law Firm Can Help
Enforcing a custody order is not something you have to piece together on your own. Our Dearborn family law attorneys help custodial and non-custodial parents get custody orders taken seriously, from a first Friend of the Court complaint through a full contempt hearing. One of our attorneys previously served as a Judicial Attorney in the Third Judicial Circuit’s Family-Domestic Division, the same court that hears most of these cases.
We also offer payment plans and a free consultation, so cost is not what stands between you and enforcing your child’s court-ordered schedule. You do not have to sort out every step on your own. Contact us to talk through what happened, and if your child’s other parent keeps ignoring your Michigan court order, schedule a free case review with Clarity Law Firm today.
Frequently Asked Questions
Enforcement asks the court to reinforce the existing order. Contempt asks the court to find a violation and impose a penalty. Cases often start with one and escalate to the other.
It depends on the county and court schedule. File within 56 days of the violation, since the Friend of the Court can decline older complaints.
No. Michigan treats child support and parenting time as separate obligations.
Jail is possible, capped at 45 days for a first finding and 90 for later ones, but it is not automatic. Judges can also order makeup time, fines, or license suspension.
