How to Report Denied Parenting Time in a Child Custody Case

This is a supplemental article to "How to Keep and Submit Indisputable Documentation in Your Child Custody or Divorce Case for The Non Custodial Parent", Link at the bottom of the article in the "additional resources" section.

There comes a time in every child custody case where the custodial parent, for whatever reason, decides not to allow the non custodial parent to have their time with the child. This experience is often infuriates the parties, more so with the non custodial parent that has been denied time, but can be more damaging to the child should the parents argue with the child present.

This tutorial helps non custodial parents deal with the WRONGFUL denial of parenting time, reporting it to Friend of the Court (or whichever agency deals with child support and custody in your state) and the Court. Although only wrongful denials are enforceable by the court, EVERY denial should be documented and submitted for inclusion in the custody file as evidence of loss of parenting time, and secondly, also as evidence as the unwillingness of the custodial parent to facilitate a close bond between the child and other parent.

As you write the necessary documentation, I must stress that this is not a tool for vindication, nor revenge, and is never to be used as such, but as a voice for BOTH you and your children, objective and just as a statement of fact and loss.

Difficulty: Moderately Challenging

Instructions

1. 
    
   document each instance of denial

   Document everything, Record the conversations and keep notes. It is vitally important that you get the events indisputably correct. Use the opposing parents words (in quotes) to support your position in the documentation. In contrast, Never, Never use your child's words to support your argument when it comes to the activities and lifestyles of the other parent, or anything that they might tell you in confidence. They trust you explicitly, and feel that you are the only one who is sticking up for them. Do NOT betray their trust.

2. 
    

   Write each fact down, support it with evidence from the instance, and make a statement of truth. This bulletproofs your arguments in court. Here is one example: " The opposing party called at 10:20am on June1st, 2001 and said exactly, and is quoted, 'you shall not see (child), today. They have other plans.' As evidence, the call log part of my cellular phone bill, dated, July 10th, 2001 has been provided. Furthermore, my child reports to me that she did nothing during this time but sit on the couch and watch TV at home. My child was wondering why she couldn't see me on 7/10/01."
   
   You can see how a cellular phone bill showing the call proves that the other parent did call you. Then, since you did not have your child for the appointed time, proves that the other party did not grant parenting time. Also, as you might guess, sitting on the couch watching TV is not a justifiable reason to deny parenting time.

3. Send one copy to the court, and the other to Friend of the court. Make sure that you put your case number on the top of the letter, the delivery confirmation number as well. This proves that the court and friend of the court received your documentation should it ever come under scrutiny.

4. ALWAYS, make sure to confirm the receipt of the documentation. Here in Michigan, It usually takes a couple weeks to show up in their system, so I give them 14 days AFTER their receipt of the letter.
   
   Every piece of indisputable documentation only strengthens your arguments in court. Even if you don't think you'll ever go to court, these small steps can protect you in the event that there is a summons issued against you, but most importantly, it shows your children that you are not idle. You are speaking for them and yourself, fighting for what IS right and good, and that no matter what the other parent may say, they WILL know you have not, and will NEVER abandon them.

Resources

• How to Keep and Submit Indisputable Documentation in Your Child Custody or Divorce Case for The Non Custodial Parent
• How to write a Parenting Time Request to the other parent - Child Custody

[elyria]

on 4/3/2009 Very informative, helpful article! 5* and recommended