The Family Court strongly believes that it is important for a child to have a good relationship with both parents and has, therefore, adopted a makeup parenting time policy.

The Friend of the Court will apply this makeup parenting time policy in all cases where one parent has wrongfully denied parenting time to the other and makeup parenting time can be used to remedy the denial. The Friend of the Court may alternatively use contempt proceedings to enforce a parenting time order.

Parenting time is every child’s right. Responsible parents will put individual differences aside and deal with each other in good faith to see that parenting time is encouraged. The following explanations by a parent for denying parenting time are generally not valid:

	The child has a minor illness.
	The child had to go somewhere else.
	The child was not home.
	The non-custodial parent is behind on child support.
	The custodial parent did not want the child to go.
	The weather was bad.
	The child had no clothes to wear.
	The child refused to go.
	The other party failed to meet certain preconditions the custodial parent set.
	Religious reasons.

Examples of explanations that may be valid:

	The non-custodial parent was intoxicated or under the influence of drugs.
	The non-custodial parent failed to appear for parenting time within a half hour of the time specified in the order.
	The custodial parent just learned that the DHS or police department is investigating the non-custodial parent for sexual abuse of the child.
	The custodial parent has learned that the non-custodial parent has no valid driver’s license and proposes to drive the child for parenting time.

DETERMINATION OF A VALID CLAIM

If you believe that you have been wrongfully denied parenting time, within 56 days of the denial you must file a complaint with the Friend of the Court stating the time, date, and circumstances of the denial. Provide as much written information as possible. The Friend of the Court will then determine whether the alleged denial of parenting time violates an enforceable provision of the Court’s parenting time order. If so, the Friend of the Court will send the following notice to the alleged wrongdoer:

The party sent this notice must respond in writing to the Friend of the Court within 21 days after the office mails out the notice.

PROCEDURE AFTER RESPONSE OR THE TIME FOR RESPONSE PASSES

If the responding party fails to respond to the notice within 21 days, or if the Friend of the Court determines that the responding party wrongfully denied parenting time, the Family Court’s general policy is to award makeup parenting time to the party whose parenting time was wrongfully denied. That makeup parenting time will be:

	At least the same type and duration as the parenting time that was denied, including weekend time given for weekend time missed, holiday time given for holiday time missed, weekday time given for weekday time missed, and summer time given for summer time missed.
	At a time chosen by the parent who suffered the wrongful denial of parenting time.
	At a time within 1 year after the wrongfully denied parenting time was to have occurred.

The wrongfully denied parent will be required to notify the Friend of the Court and the other parent in writing not less than 1 week before making use of weekend or weekday parenting time and not less than 28 days before making use of makeup holiday or summer parenting time.

The Friend of the Court may also pursue Civil Contempt proceedings against the parent who wrongfully denied parenting time to the other. If the Court holds a party in Civil Contempt, the Court may impose on that party: makeup parenting time, a sentence in the county jail of 45 days for a first violation or 90 days for a second violation, and/or a fine not to exceed $100.