Can a Parent Ever Refuse the Other Parent’s Visitation Time?

 Posted on August 07, 2026 in Child Custody

Although the goal may be to have the divorce process go smoothly and end with the desired outcome, that does not always happen. Child custody is a serious and emotional issue for parents during divorce that can have lasting implications for the whole family’s future.

At Elkouri Heath, PLC, our Oakland County, MI family law attorneys understand how sensitive these cases can be. With over two decades of legal experience, we can help parents navigate difficult questions about parenting time.

How Can You Handle Disagreements About Court-Ordered Parenting Time?

Many couples thinking about ending their marriage often struggle to communicate or agree. Child custody and parenting time often require parents to work together and cooperate as they co-parent. If the parents cannot reach an agreement, the court will step in to determine the best arrangement for the child.

In some cases, one parent may believe that it is unsafe for the child to be with the other parent, even though the current court order allows parenting time. The parent may wonder if he or she is able to refuse to allow any parenting time between the child and the other parent. If you find yourself in this situation, it is critical to speak with your child custody attorney as soon as possible. Your attorney can provide legal advice on whether there may be grounds to request the court modify custody or parenting time.

What Happens When One Parent Withholds Court-Ordered Parenting Time?

If a parent goes against the court’s custody order and refuses to allow the other parent their scheduled parenting time, there may be legal consequences. If a parent is denied court-ordered parenting time without good reason, they can contact the Friend of the Court (FOC) office to ask for enforcement of the court order.

Repeatedly interfering with court-ordered parenting time can also affect future custody or decisions. Michigan courts may consider whether each parent supports the child’s relationship with the other parent. However, the court cannot hold it against a parent for taking reasonable steps to protect themselves or their child from domestic violence or sexual assault by the other parent.

Can You Get Make-Up Parenting Time in Michigan?

When a parent unfairly denies court-ordered parenting time, the other parent may be able to get that missed time back. One option available in Michigan is make-up parenting time.

If parenting time is denied, you can ask the Friend of the Court to help enforce make-up parenting time or file a motion with the court. You should include details about what happened. Text messages, emails, and other records may help show that the parenting time was denied. A family law attorney can help you gather this information and explain what to do next.

Make-up parenting time can help replace time that was missed. When violations happen repeatedly, the Friend of the Court or the court may consider other enforcement options.

What Are the Penalties for Contempt of Court in Michigan Custody Cases?

A parenting time order is a legal order from the court. When a parent ignores that order, the court can hold them in contempt (MCL 552.644). This applies to both parents equally.

Penalties for contempt can vary depending on the situation. A judge may order make-up parenting time, change certain terms of the parenting time order, or impose a fine. In some cases, the court may order counseling, another program, or even jail.

If you believe your co-parent is repeatedly violating your parenting time order, keep detailed records. This will help support your case.

Is Late Child Support a Reason to Withhold Parenting Time?

Many parents believe that if child support payments are late, they can fairly withhold parenting time in response. This is not true under Michigan law. Child support and parenting time are treated as two separate issues.

If your co-parent falls behind on payments, you cannot legally deny them time with your child as a form of punishment. Doing so can lead to enforcement action against you. Instead, you should pursue enforcement of the child support order through proper legal channels.

The court has tools to enforce late or missed child support payments. This can include income withholding or license suspension. These tools exist so that parents do not feel forced to deny parenting time as a way to fix the problem on their own. If your co-parent still misses payments after these steps, speak with an attorney about further options.

When Can Michigan Courts Modify Parenting Time in 2026?

Life circumstances change, and Michigan courts recognize that parenting time orders may need to change too. A parent can ask the court to change a parenting time order if there is proper cause or a change in circumstances. The court will also look at whether the requested change would affect the child’s home and stable care environment they depend on for care and comfort.

Common reasons for requesting a modification include a parent's move to a new city, a change in work schedule, safety concerns, or a shift in the child's needs as they grow older. The court will always look at what serves the best interests of the child before approving any changes.

To request a modification, a parent must file a motion with the family court and explain the reasons for the requested change. Working with an experienced attorney can help you present a strong case for why the modification is needed and appropriate for your family's situation.

Contact a Novi, MI Family Lawyer for Legal Assistance

The court makes decisions regarding child custody based on what is in the best interests of the child.  If you have concerns about your child’s safety or emotional well-being when they are with their other parent, contact an Oakland County, MI child custody attorney immediately to find out what legal recourse you have. Call Elkouri Heath, PLC at 248-344-9700 to schedule a free consultation.