When the Friend of the Court Doesn't Respond ToParenting Time Violations
Doug DanteDougDante1@yahoo.comLast Updated: Mon July 29, 2008I am not a lawyer and this is not legal advice. Speak with a good lawyer.Many parents, especially fathers, complain that when they called or complain to aFOC (Friend of the Court) worker that the other parent was violating court orderedparenting time, they are ignored, even after many complaints. One parent evensaid that the worker said "WELL I CAN'T CHANGE HER CHARACTER !!". There is some evidence of Racketeering in some Michigan courts. I would beconcerned that if I exercised my rights, I might both loose in court and facepunitive punishment in the form of less access to my children, higher childsupport burdens, higher alimony burdens, more lawyer fees, etc.Racketeering in Michigan's Friend of the Court?http://www.scribd.com/doc/454566/Racketeering-in-Michigans-Friend-of-the-Court When Might a Federal Racketeering Lawsuit Be Allowable?http://www.scribd.com/doc/959159/When-Might-a-Federal-Racketeering-Lawsuit-Be-Allowable Fiction: John Q Public and The Friend of the Court: Before It Begins (Civil Rights)http://www.scribd.com/doc/404652/Fiction-John-Q-Public-and-the-Friend-of-the-Court-Before-It-Begins If I were that parent, and I wanted to handle a parenting time complaint on myown, I would file two separate grievances. The first grievance would be againstthe person to whom I spoke. The second would be against the office of the Friendof the Court.I would point out that The US Supreme Court wrote in Troxel V Granville that:
"The Fourteenth Amendment provides that no State shall “depriveany person of life, liberty, or property, without due process of law.” Wehave long recognized that the Amendment’s Due Process Clause, likeits Fifth Amendment counterpart, “guarantees more than fair process.” Washington v. Glucksberg, 521 U.S. 702, 719 (1997). TheClause also includes a substantive component that “providesheightened protection against government interference with certain
fundamental rights and liberty interests.” Id., at 720; see also Reno v.Flores, 507 U.S. 292, 301—302 (1993). The liberty interest at issue inthis case–the interest of parents in the care, custody, and control of their children–is perhaps the oldest of the fundamental liberty interests recognized by this Court."http://www.law.cornell.edu/supct/html/99-138.ZO.html
In my grievance, I would quote
Troxel
and state that I am the parent of my child,and have a fundamental liberty interest in the care, custody and control of mychildren. This fundamental liberty interest is protected by the fourteenthamendment, and I may not be legally deprived of my care, custody, and control of my children without due process of law.I would point to the Friend of the Court Act, MCL 552.501 Section 1, Paragraph 2,and say something like it is the duty of the Friend of the Court "to compel theenforcement of parenting time and custody orders"http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-act-294-of-1982 In my grievance, I would point out further that the Support and Parenting TimeEnforcement Act specifies that it is the duty of the Friend of the Court to do thefollowing in response to an alleged parenting time order violation: .
(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 parentingtime order violation stated in a complaint submitted under section11b of the friend of the court act, MCL 552.511b:(a) Apply a makeup parenting time policy established under section42.(b) Commence civil contempt proceedings under section 44.(c) File a motion with the court under section 17d of the friend of thecourt 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.
I have made an allegation that my parenting time order has been violated by theother party, and the Friend of the Court needs to conduct its duties as required bylaw in order to ensure that my parenting time order is enforced. Otherwise,through its failure to conduct its lawful duties, the Friend of the Court is allowingMichigan law to be used to violate my fundamental liberty interest in the care,custody and control of my children, without any process of law, much less dueprocess, and is violating my fourteenth amendment due process rights.In his/her capacity as an employee of the Friend of the Court and agent for judgeSuchAndSuch, SoAndSo is disobeying the laws of the state of Michigan.SoAndSo's flippant statement that "WELL I CAN'T CHANGE HER CHARACTER" is anindication that he/she is aware that the other parent is willfully and cruellypreventing me from seeing my children, but he/she just doesn't care to conducthis/her duties according to the law so that I may see them.By his/her actions, other parent is engaged in Felony Domestic Violence. TheMichigan Penal Code MCL 750.350a states in part:
"(1) An adoptive or natural parent of a child shall not take that child,or retain that child for more than 24 hours, with the intent to detain or conceal the child from any other parent or legal guardian of the child who has custody or parenting time rights pursuant to a lawful court order at the time of the taking or retention, or from the person or persons who have adopted the child, or from any other person havinglawful charge of the child at the time of the taking or retention."(2) A parent who violates subsection (1) is guilty of a felony, punishable by imprisonment for not more than 1 year and 1 day, or afine of not more than $2,000.00, or both."http://legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-750-350a
SoAndSo is aware of mom's felony acts, but doesn't fulfill her duties under the lawto prevent the felony from continuing.SoAndSo's motivation may be to focus the efforts of the Friend of the Court oncollection activities, which bring in more money for the Friend of the Court, andwhich may allow SoAndSo to make a larger salary. If this is true, then SoAndSo isprofiting from NameOfMom's felony, which itself may be a felony in the State of Michigan.SoanSo's motivations may be to misappropriate state of Michigan funds for theFriend of the Court, which are intended for all of the duties of the Friend of theCourt as outlined in the Friend of the Court Act, including the enforcement of parenting time, and instead misappropriate those funds for exclusive the purpose
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When the Friend of the Court Doesn't Respond to Parenting Time Violations
Many parents complain that when they called or complain to a FOC worker that the other parent was violating court ordered parenting time, they are ignored, even after many complaints. Here are some of my thoughts on getting the Friend of the Court to act.
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