SUPPORT AND PARENTING TIME ENFORCEMENT ACT (EXCERPT)
Act 295 of 1982
552.641 Complaint alleging custody or parenting time order violation; duties of friend of court; declining to respond to violation; circumstances; compliance with MCL 552.519.
(1) For a friend of the court case, a friend of the court shall do 1 or more of the following in response to an alleged custody or parenting time order violation stated in a complaint submitted under section 11b of the friend of the court act, MCL 552.511b:
(a) Apply a makeup parenting time policy established under section 42.
(b) Commence civil contempt proceedings under section 44.
(c) File a motion with the court under section 17d of the friend of the court act, MCL 552.517d, for a modification of existing parenting time provisions to ensure parenting time, unless contrary to the best interests of the child.
(d) Schedule mediation subject to section 13 of the friend of the court act, MCL 552.513.
(e) Schedule a joint meeting subject to section 42a.
(2) Notwithstanding the requirement of subsection (1), the office of the friend of the court may decline to respond to an alleged custody or parenting time order violation under any of the following circumstances:
(a) The party submitting the complaint has previously submitted 2 or more complaints alleging custody or parenting time order violations that were found to be unwarranted, costs were assessed against the party because a complaint was found to be unwarranted, and the party has not paid those costs.
(b) The alleged custody or parenting time order violation occurred more than 56 days before the complaint is submitted.
(c) The custody or parenting time order does not include an enforceable provision that is relevant to the custody or parenting time order violation alleged in the complaint.
(3) This section shall be implemented in compliance with the guidelines developed as required in section 19 of the friend of the court act, MCL 552.519.
History: 1982, Act 295, Eff. July 1, 1983
Am. 1985, Act 210, Eff. Mar. 1, 1986
Am. 1996, Act 25, Eff. June 1, 1996
Am. 2002, Act 568, Eff. Dec. 1, 2002
© 2009 Legislative Council, State of Michigan