What is "good cause" for parenting time denial?

[my4+his2=8]

What is the name of your state? Michigan
On what grounds can a custodial parent deny parenting time? Court order/divorce decree lists no restrictions...and since stbh announced our engagement, his ex won't allow him to see his children. He works afternoon shift, and since divorce, has had the children picked up by his mother for the first night of the weekend. Now ex claims no one except him can pick up children. Since there is no wording that states he alone can pick them up, is she wrongfully witholding the children? I understand that she is hurt, but this seems to hurt the children the most....they want to see their father, and they are excited to be a part of our wedding. As of this weekend, he hasnt seen his children for 7 weeks. He has a court date next week. (order states EOW Friday after school till monday morning, drop off at school)
Thank you in advance.What is the name of your state?

 

[TinkerBelleLuvr]

http://www.berriencounty.org/friend/pdfs/handbook.pdf, pages 15 (in pdf), says page 13 on bottom of page.

what does it say in the court order? Reasonable parenting time? or is it spelled out?

 

[my4+his2=8]

The order states the following:
"PLaintiff shall have parenting time on a daily basis at times he is not working the afternoon shift from after school until 6:00 pm AND alternate weekends from friday after school until monday morning when the children are dropped off at respective schools or daycare providers."
(this part shows the understanding by the court that he works afternoons)
The decree also goes on to to alternating holidays, and what they include. None of the wording indicates that he his to pick them up. (they agreed on this schedule fully knowing he works afternoons)

It also states that he "shall have additional parenting time during any periods when he is laid off instead of children being sent to other childcare providers. "

 

[TinkerBelleLuvr]

Is next weeks court hearing a 'show cause'?

 

[my4+his2=8]

Yes. He is worried that she will not be held accountable for this. Also, she lives right next door to his mother....so driving to pick up the children has never been an issue, they simply walk from one yard to another, and after the children get to his moms, he picks them up (to avoid her antics in front of the children)

 

[TinkerBelleLuvr]

He needs to document the missed times. If this is a first time, it's generally a slap on the wrist. He needs to request makeup time for the weekends she denied parenting time. He has one year to make them up. The offender can get a stern 'talking to' in those.

 

[my4+his2=8]

Thats about what I figured....but hearing it from someone else helps. Thank you for your reply. And he has documented everything......the list is long, and not as uncommon as it should be IMO. Have a great night.

 

[LdiJ]

Thats about what I figured....but hearing it from someone else helps. Thank you for your reply. And he has documented everything......the list is long, and not as uncommon as it should be IMO. Have a great night.

Why hasn't he picked up the kids on Saturday? Mom may not have to allow his mother to take the kids when he is not going to be there for Friday night, but she can't stop him from picking up the children on Saturday.

 

[Ohiogal]

Why hasn't he picked up the kids on Saturday? Mom may not have to allow his mother to take the kids when he is not going to be there for Friday night, but she can't stop him from picking up the children on Saturday.

But if it has been status quo then mom should not be changing things now. Plus unless the court order states otherwise, NCP is allowed to choose his own babysitters.

 

[LdiJ]

But if it has been status quo then mom should not be changing things now. Plus unless the court order states otherwise, NCP is allowed to choose his own babysitters.

I agree that mom is wrong to change things now. I just was confused about why he was giving up his entire weekends based on the fact that mom wouldn't allow his mother to pick them up Friday nights.

 

[TinkerBelleLuvr]

Michigan has this funny thing where if you don't pickup the kids within 45 minutes of 'pickup' time, then you are free to go. Although the OP hasn't stated, it could very well be that mom isn't allowing the kids to go for the weekend because HE isn't picking them up on Friday.

OP - in the same PDF I referred you to, look at the one about 'fostering a relationship with the other parent.' This is a biggie in court.

 

[my4+his2=8]

He has tried to get the children EVERY day of his weekend time. And because he was not "available" at the court ordered time on friday, she will not allow the children to come at all. He even went over with the police, but they couldnt really do anything because she wouldnt answer the door, or took the children away for the weekend, so she cant be reached. ( He has a real hard time with calling police because he doesnt want to upset the children, so he has only done that once.) If he drives to her house, she threatens to call police if he steps one foot on her property. Then she tells the children he doesnt want them because he is getting a new family.....its so sad. Hopefully things will be ironed out in court on friday. Thanks again....

 

[wileybunch]

Good luck Friday. Mom needs to knock it off or she's going to find out what it's like for someone else to be in the driver's seat.