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1. |
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Just as a non-custodial
parent can create a child support arrearage by failing to pay his or her
child support obligation, a custodial parent can create a parenting time
arrearage by wrongfully denying the non-custodial parent his or her
parenting time. |
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2. |
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In the event that such
an arrearage accrues, the party wrongfully denied parenting time will be
permitted to have "make-up" time as soon as practicable for a like
amount and type of time (i.e., the parent will receive weekend for
weekend, weekday for weekday, holiday for holiday, and summer for summer
parenting times). |
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3. |
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The Friend of the Court Office shall keep
records of parenting time arrearages, provided the parties comply with
the following procedure: |
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a) |
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[sic] Within seven (7) days of the
alleged wrongfully denied parenting time period, the parent with
the complaint shall advise the Friend of the Court in writing of the
date's) of the alleged wrongdoing. Within five (5) working days, the
Friend of the Court shall send to the other party a notice of
the allegation an a request for response. The notice shall contain the
following language in boldface type at least twelve (12) points in size: |
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FAILURE TO RESPOND
IN 7 DAYS TO THE OFFICE OF THE FRIEND OF THE COURT SHALL BE CONSIDERED
AS AN AGREEMENT THAT VISITATION WAS WRONGFULLY DENIED AND THAT OFFICE
WILL ADJUST THE ACCOUNT OF VISITATION ARREARS ACCORDINGLY. |
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4. |
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The calculation of time
will be made by postmark. If a dispute exists about whether parenting
time was incorrectly denied, the matter shall be scheduled for a referee
hearing. |
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5. |
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Please note the following examples of
unacceptable reasons for denying parenting time (emphasis added): |
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a. |
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The child(ren) had a minor illness. |
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b. |
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The child(ren) had to be somewhere else. |
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c. |
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The child(ren) was not home. |
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d. |
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The non-custodial parent is behind in his or
her child support obligation. |
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e. |
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The custodial parent did not want the
parenting time to occur. |
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f. |
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The weather was bad. |
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g. |
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The child(ren) had no clothes to wear. |
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h. |
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The child(ren) refused to go. |
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i. |
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The non-custodial
parent refused to comply with conditions set by the custodial parent. |
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6. |
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Please note the following examples of
reasons for denying parenting time which generally are acceptable,
subject to the discretion of the Court: |
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a. |
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The person seeking
parenting time was impaired by drugs or alcohol at the time he or she
attempted to take the child(ren). |
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b. |
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The person seeking
parenting time was more than one-half hour late and failed to make
other arrangements or notify the other parent in advance. |
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c. |
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The child(ren) had a serious illness. |
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d. |
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The person seeking
parenting time failed to meet mutually agreeable preconditions, or
preconditions established or Ordered by the Court. |
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e. |
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The person seeking
parenting time has established a pattern of failing to exercise his or
her parenting time. |
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7. |
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It is the policy of the
Family Division of the Monroe County Circuit Court that a person
determined to have wrongfully denied parenting time shall be subject to
contempt proceedings, and may be required to pay fines as well as the
other party's attorney fees. The person wrongfully denied parenting time
may be awarded double time for the time missed. The judges and referees
shall exercise their discretion when making this determination. |
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8. |
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The Friend of the Court
Office shall keep accurate records of parenting time arrearages, and
shall make adjustments when required. Adjustments shall occur upon
Order to the Court, recommendation of the Referee after the time for
filing objections has passed, or notification in writing from the person
exercising parenting time that make-up time has occurred. |
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9. |
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The following terms and
conditions are applicable to all parents unless the Court has Ordered
otherwise: |
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a. |
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Each parent shall keep the Friend of the
Court and the other parent advised as to his or her actual residence
address, mailing address, and home and work telephone numbers. In the
event an address or phone number should change, notification will be
made to the Friend of the Court and the other parent immediately. |
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b. |
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Should either parent require child care for
twenty-four hours or longer when the child is in his or her care, the
other parent shall have the option to provide such care. |
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c. |
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Neither parent shall say or do anything in
the presence or hearing of the child(ren) that may diminish the
child(ren)'s love or affection for the other parent, and shall not
allow others to do so. Neither parent shall make disparaging remarks
about the other parent to the child(ren) or anyone who would
communicate those remarks to the child(ren), and shall not allow others
to make such remarks. |
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d. |
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All marital, parenting time, court related,
and financial communications between the parents shall occur at a time
when the child(ren) is/are not present or within hearing range. These
matters will not be raised during exchange of the child(ren), or during
telephone visits. |
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e. |
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Each parent shall inform the other of
school, sport, and other special activities as soon as possible and
shall assist in the child(ren)'s attendance at such events. Neither
parent shall schedule activities during the other parent's parenting
time without that parent's agreement. |
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f. |
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Scheduling changes require twenty-four (24)
hours of notice, and the parent requesting the change is responsible
for the costs and inconveniences associated with the change. |
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10. |
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Unless the Court Orders
otherwise, the parties shall adopt the Monroe County Friend of the
Court Holiday Schedule which provides for holiday parenting time.
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