FDIFOC 4052 USE THIS PACKET FOR PARENTING TIME/CUSTODY ENFORCEMENT REQUEST WHEN TO USE A “PARENTING TIME/CUSTODY ENFORCEMENT REQUEST” FORM You claim that the other parent has violated your court order regarding parenting time and/or custody. A “CUSTODY & PARENTING TIME ORDER ENFORCEMENT REQUEST” form is enclosed. Please read this instruction sheet first. Your situation must meet these four requirements: LI YES, I have a Wayne County domestic relations case for my child(ren). El YES, I have a court order for custody and specific parenting time in my case. LI YES, the other parent has violated the court ordered parenting time or has violated the custody provisions of the order on specific occasions. LI YES, the violation happened fewer than 56 days ago. If your situation meets all the requirements and you follow the instructions below, the Friend of the Court will take steps to enforce your order. THIS PACKET IS ONLY FOR ENFORCEMENT OF EXISTING PARENTING TIME/CUSTODY ORDERS. IF YOU THINK THE PARENTING TIME OR CUSTODY ORDER SHOULD BE CHANGED, YOU MUST REQUEST A MODIFICATION OF YOUR ORDER. Modification forms are available at the Friend of the Court, Information Services Department window, 2nd Floor Penobscot Building, Detroit, MI, or the Friend of the Court Scheduling Office, Room 900A Coleman A. Young Municipal Center (outside Room 900), corner of Woodward and Jefferson, Detroit, MI. You can also get modification forms by accessing our website at www.3rdcc.org and clicking on the Forms tab. Page A FD/FOC4O52b (10/12) WHEN TO USE A “PARENTING TIME/CUSTODY ENFORCEMENT REQUEST” FORM HOW TO COMPLETE A PARENTING TIMEICUSTODY ENFORCEMENT REQUEST Only file the Parenting Time/Custody Enforcement Request if you have an existing case for custody, divorce, separate maintenance, family support, support or paternity with a current parenting time order. This process cannot be used to start a new case. Follow these instructions carefully to ensure your matter is set for hearing. If you fail to do so, your request may not be processed. By using this form packet you are representing yourself in a court action. Please be advised that Court personnel are prohibited from providing legal advice to anyone, including those who represent themselves. 1. All documents must be typed or written legibly using black ink, not pencil. 2. You must advise the Court if the other party is incarcerated with the Michigan Department of Corrections on the document. If the other party is incarcerated, you have a certain additional requirements that you must meet. These instructions are included in the INCARCERATED PARTY-SPECIAL INSTRUCTIONS (FD/FOC 4058). The instructional form is available at the Friend of the Court Scheduling Office, at the Friend of the Court Information Services Department, and online at the Court’s website, www.3rdcc.org, by clicking on the Forms tab. 3. You must include a cony of your most recent arentinci time/custody order. If you do not include a copy, your request for enforcement will not be processed. 4. Take the original and three copies of your “Affidavit” to Request “Parenting Time/Custody Order Enforcement” to the office of the: Wayne County Clerk 201(2 floor) Coleman A. Young Municipal Building Two Woodward Avenue Detroit, MI 48226 5. Put case labels (stickers) in the upper right hand corner of your original documents and page 1 of your copies (labels are available in Room 201). Place the original copy of your affidavit in the “Pleading Box” located on the counter. Using the Time Stamp machine (also located on the counter), time stamp your copies. 6. Take the timed stamped copies to the Friend of the Court Scheduling Office, Room 900A Coleman A. Young Municipal Center and the staff will schedule this matter for a hearing. 7. You must appear at the scheduled hearing. You must be prepared to represent yourself. The filing party must appear or the matter will be dismissed. If the responding party does not appear, the Court may commence a contempt action. Page B FD/FOC4O52c (10/12) HOW TO FILE PARENTING TIME/CUSTODY ENFORCEMENT REQUEST STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY AFFIDAVIT TO REQUEST PARENTING TIME I CUSTODY ORDER ENFORCEMENT CUSTODIAL PARENT: Name and Address and Phone Number This party is incarcerated and a telephone hearing is required Prisoner ID # Dept. of Corrections’ Prison Name CASE NO Hone NON-CUSTODIAL PARENT Name and Address and Phone Number E This party is incarcerated and a telephone hearing is required Prisoner ID # Dept. of Corrections’ Prison Name I claim that I have personal knowledge my order has been violated by acts of the other parent. My daytime phone number is 1. On DATE OF ORDER a court order or orders were entered in this case, awarding me parenting time with and/or custody of the child(ren) of this case. 2. I state that the other parent has violated the Order(s) as follows: (Write down the specific violation(s) with date(s), and attach a copy of your Order with the specific violations marked.) 3. I ask that enforcement action be taken by the Friend of the Court as allowed by law, based upon this request. DATE YOUR SIGNATURE TO THE RESPONDENT (the parent against whom this complaint is filed): FAILURE TO APPEAR FOR THIS HEARING AS SCHEDULED ABOVE SHALL BE CONSIDERED AS AN AGREEMENT THAT PARENTING TIME WAS WRONGFULLY DENIED AND THAT THE MAKEUP PARENTING TIME POLICY ESTABLISHED BY THE COURT WILL BE APPLIED AND OTHER RELIEF CONSIDERED YOU MUST USE A “MOTION TO CHANGE PARENTING TIME FD/FOC 4031” OR “MOTION TO CHANGE CUSTODY FD/FOC 4018” INSTEAD OF THIS FORM IF: — — LI YOU DO NOT HAVE A PARENTING TIME ORDER El YOU WANT TO CHANGE THE CURRENT PARENTING TIME ORDER OR CUSTODY ORDER YOUR MOTION/ENFORCEMENT RQJEST MUST BE SCHEDULED BY FRIEND OF FOLLOW THE ATTACHED INSTRUCTIONS TO SUBMIT YOUR DOCUMENTS Page 1 FD/F0C4052 (10/12) AFFIDAVIT TO REQUEST CUSTODY/PARENTING TIME ORDER ENFORCEMENT