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  1. #1
    Join Date
    May 2008
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    21

    Default Make-Up Time After a Denial of Visitation

    My question involves a child custody case from the State of: Michigan

    My ex husband recently denied me my court scheduled visitation one weekend. He later text me, explaining that he was I was in a dangerous emotional state at the time and he felt he had no choice but to deny me visitation, but that he would like to make it up to me. He then offered me 6 extra hours of visitation the following weekend, and when I protested that I had lost some 39 hours, he said that he wasn't responsible to make up any of the time I had lost, but he was offering it to me as a kindness.

    Does he have to make up the full amount of time I lost? I would like to file a contempt of court charge, but I don't want to get into all of this if I have no ground to stand on.

  2. #2
    Join Date
    Oct 2006
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    16,474

    Default Re: Denying Visitation

    Quote Quoting Sharissa13
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    My question involves a child custody case from the State of: Michigan

    My ex husband recently denied me my court scheduled visitation one weekend. He later text me, explaining that he was I was in a dangerous emotional state at the time and he felt he had no choice but to deny me visitation, but that he would like to make it up to me. He then offered me 6 extra hours of visitation the following weekend, and when I protested that I had lost some 39 hours, he said that he wasn't responsible to make up any of the time I had lost, but he was offering it to me as a kindness.

    Does he have to make up the full amount of time I lost? I would like to file a contempt of court charge, but I don't want to get into all of this if I have no ground to stand on.
    He had no right to deny your visitation, but he would probably only get a slap on the wrist and a stern talking to be the judge for a first time offense. Document the denial and if he does it a second time THE take him to court for contempt.

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Denying Visitation

    Quote Quoting Sharissa13
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    My question involves a child custody case from the State of: Michigan

    My ex husband recently denied me my court scheduled visitation one weekend. He later text me, explaining that he was I was in a dangerous emotional state at the time and he felt he had no choice but to deny me visitation, but that he would like to make it up to me. He then offered me 6 extra hours of visitation the following weekend, and when I protested that I had lost some 39 hours, he said that he wasn't responsible to make up any of the time I had lost, but he was offering it to me as a kindness.

    Does he have to make up the full amount of time I lost? I would like to file a contempt of court charge, but I don't want to get into all of this if I have no ground to stand on.
    Why do you think Dad withheld visitation?

  4. #4
    Join Date
    Sep 2005
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    98,846

    Default Re: Make-Up Time After a Denial of Visitation

    Go to Friend of the Court, explain the situation, and ask them to help arrange make-up parenting time. Where parenting time is wrongly denied, they usually allow the wronged parent to select the make-up days.

    I am not clear on what "explaining that he was I was in a dangerous emotional state at the time" means. If there is a significant mental health issue lurking in the background, it makes sense to consult a lawyer.

  5. #5
    Join Date
    Mar 2016
    Posts
    2,289

    Default Re: Make-Up Time After a Denial of Visitation

    Quote Quoting Sharissa13
    View Post
    My question involves a child custody case from the State of: Michigan

    My ex husband recently denied me my court scheduled visitation one weekend. He later text me, explaining that he was I was in a dangerous emotional state at the time and he felt he had no choice but to deny me visitation, but that he would like to make it up to me. He then offered me 6 extra hours of visitation the following weekend, and when I protested that I had lost some 39 hours, he said that he wasn't responsible to make up any of the time I had lost, but he was offering it to me as a kindness.

    Does he have to make up the full amount of time I lost? I would like to file a contempt of court charge, but I don't want to get into all of this if I have no ground to stand on.
    I'll assume he's not a medical professional so he can't diagnose your mental or emotional state. Do what everyone else said. He is actually responsible for the time you lost because he denied it. Document any of this and if it continues take him to court.

  6. #6
    Join Date
    Apr 2009
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    35,894

    Default Re: Make-Up Time After a Denial of Visitation

    Quote Quoting qwaspolk69
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    I'll assume he's not a medical professional so he can't diagnose your mental or emotional state. Do what everyone else said. He is actually responsible for the time you lost because he denied it. Document any of this and if it continues take him to court.
    Ah, but therein lies the rub.

    If a physician were to state that Mom was in a state of dubious mental stability, we'd expect the physician to backup such a claim, right? Good - that's what we should expect. Well, most parents - as you've rightly stated here - are not experts in the field and would be using a different (often poorly calibrated) gauge to measure someone else's danger/instability. Dad stating that he felt justified because he believed that Mom was dangerous makes it easy for the court to rectify things without punishing either parent which may be the best thing for all concerned.

    Mom should absolutely get make-up time but she shouldn't expect the court to actually admonish Dad this time around; perhaps rightly so.

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