If your former spouse or co-parent violates a child custody order in Michigan, you may ask the court to enforce it. Your next steps depend on the type of violation, how often it occurs and how it affects your child.
Your co-parent might refuse to return your child, deny scheduled visits, arrive late for exchanges or block calls. These actions can disrupt your child’s routine and strain your relationship with them.
Keep your child’s needs first. Record each violation, avoid retaliation and review your court order before taking action.
What counts as a child custody order violation?
A violation occurs when a parent fails to follow a court order without a valid reason. Common examples include:
- Withholding a child: Your co-parent refuses to return your child at the agreed time.
- Denying parenting time: Your co-parent refuses to allow scheduled visits.
- Changing the schedule: Your co-parent cancels visits or changes exchange times without proper agreement.
- Blocking communication: Your co-parent prevents calls or messages that the order allows.
- Missing exchanges: Your co-parent repeatedly ignores pickup or drop-off times.
Check your order before deciding how to respond. A single delay may differ from repeated violations.
What should I do if my co-parent violates the order?
Keep a record of each incident. Save text messages and emails. Note missed visits, late exchanges and any reasons your co-parent gives. Stick to facts and record how the violations affect your child.
Do not retaliate by withholding child support or denying future visits. Michigan treats support and parenting time as separate duties. You must keep paying court-ordered support even if your co-parent denies your visits. Failing to pay may lead to enforcement action and hurt your position in court.
If the violations continue, contact your county’s Friend of the Court (FOC) office. Michigan law requires the FOC to begin enforcement procedures after it receives a written complaint with specific details about a custody or parenting time violation. You may also ask the court to enforce its order.
What can a Michigan court do about violations?
Depending on the case, a court may order makeup parenting time, set new conditions, change parenting time or find a parent in contempt.
Under Michigan law, a court must find a parent in contempt if, after a show-cause hearing, it finds that the parent violated a parenting time order without good cause. The court may then impose sanctions allowed by law.
If your spouse will not bring your child back as required by the custody order, contact law enforcement or the prosecutor for guidance. If your child is at risk of imminent harm, contact emergency services.
When should I request a custody modification?
Enforcement may not solve a pattern of violations. You may need to request a change to your custody or parenting time order.
Michigan courts consider the child’s best interests when reviewing custody changes. You must also meet the legal requirements for a modification. Repeated violations may support your request, but they do not guarantee a change.
Get help from a Michigan child custody lawyer
A child custody lawyer can help you review your order, gather records and assess enforcement or modification options. Legal guidance can help you protect your parenting rights while keeping your child’s safety and well-being first.