DISPUTE SETTLEMENT OPTIONS

S.M.I.L.E.:  Start Making it Livable for Everyone is a 45-minute DVD that allows parents to experience the impact of separation/divorce and offers suggestions from the perspective of children, parents, court personnel and others.  To schedule a viewing, call the Friend of the Court office at (989) 673-4848 ext. 3213.

DISPUTE RESOLUTION MEETING (DR):  A DR is a volunteer process that can be requested in writing by either parent and is facilitated by a Friend of the Court employee who acts as a mediator to assist in reaching an agreement.  Each parent has the opportunity to present concerns and propose solutions; and if an agreement is reached, an Order will be prepared. If no agreement is reached, each parent will be offered a petition to request a hearing with the referee.  The Friend of the Court will review each request prior to scheduling, as cases involving domestic violence may not be appropriate.  If either parent has an attorney, written or verbal approval must be submitted prior to scheduling.  There is no cost to either parent for a DR meeting unless the requesting parent fails to appear.   

ORDER TO SHOW CAUSE HEARING:  A parent and/or the Friend of the Court attorney may bring a Motion and Order to Show Cause before the Judge to determine if a violation of the Court Order has occurred.  The Court will set a hearing date and render its opinion regarding contempt and an order will enter.  An employee of the Friend of the Court cannot represent either parent.   

SANCTIONS:  If the Court finds a parent in contempt, the Court can impose the following sanctions:

• Change the Order to add additional terms or conditions consistent with the existing order;
• Modify the Order to meet the best interest of the child if requested by a party on a proposed modification of parenting time, and after notice to both parties and a hearing;
• Order makeup parenting time in an amount at least as much as that denied;
• Order the parent to pay a fine of not more than $100.00;
• Commit the parent to jail for up to 45 days for the first offense or up to 90 days for subsequent offenses with or without the privilege of leaving jail to attend employment;
• Suspend the parent's occupational, driver's, or recreational or sporting license conditional upon noncompliance with an order and ongoing parenting time; and/or
• Order the parent to participate in a community corrections program.

Should the Court determine that a parent acted in bad faith, a sanction maximum amount of $250.00 first offense; $500.00 second offense, and $1000.00 third offense can be assessed [MCL 552.644(6)]. The sanction applies equally to the party bringing or defending the dispute.   In addition, the Court can also order a party who has acted in bad faith to pay the other party's costs.  

OTHER ISSUES

ABUSE/NEGLECT:   If you suspect abuse and/or neglect is occurring, it is your responsibility to report immediately to the Department of the Human Services, Children's Protective Service in the county where the child(ren) reside, as they are the appropriate agency to determine whether the allegation will be investigated.  

CHILDREN'S THINGS:  The children's clothing, medications, diapers and formula if appropriate, and other property, such as toys should travel with the child(ren).  The child(ren)'s things should return in the same condition, as well.

EXTRACURRICULAR ACTIVITIES:  The parents should cooperate with each other with regards to the child(ren) and extracurricular activities to ensure that both parents can have the opportunity to be supportive.  

FUNERALS:  Parents should cooperate and be flexible with each other's schedules when a death in the family or of someone important to the child(ren) occurs.

GRANDPARENT VISITATION:   A grandparent should seek the legal advice of counsel regarding grandparent visitation.

MILITARY DEPLOYMENT:  If an individual is called to active military duty, unless the Court makes a change by entering a temporary order according to MCL 722.27 Sec. 7 (c), the current order will continue as written.

PERSONAL PROTECTION ORDER (PPO):   Personal protection orders can not be used to deny custody or parenting time.  On a PPO petition, line 5 - D may be used to indicate your case number to request the Judge address issues such as a public exchange location and/or other person's presence.

POLICE INVOLVEMENT:  Police should be called ONLY if there is an emergency.  Calling the police for parenting time disputes is very traumatic for the child(ren).    Most law enforcement agencies do not become involved and refer all matters to the Friend of the Court.

SCHOOL/HEALTH CARE PROVIDER INFORMATION - MCL722.21 to 722.30 requires provision of information to either parent regardless of custodial status.

SUMMER SCHOOL:  If a child MUST attend summer school to PASS into the next grade, the parent must obtain written verification from the school regarding the necessity of enrollment and provide copies to the other parent and the Friend of the Court by June 1st.  Determination by the Friend of the Court will be made on written request by either parent.

TRAVEL ISSUES:  A responsible adult (18 years or older) with a valid driver's license and who is familiar to the child may transport.  Children should always be transported in compliance with State Law.  Cooperation between parents is expected should transportation be via airline, bus or other transit.  

VACATIONS:  Either parent may take the child(ren) out-of-state for a vacation,

unless an order specifically prohibits it.  Parents should provide each other with a

general itinerary and an emergency contact number.