Summer Custody Schedules in Michigan: What to Do When Your Ex Isn't Following the Plan

When school’s out for summer, routines tend to loosen up. While that can be a welcome break for kids (and potentially even reduce day-to-day stress for parents) it can also create added challenges for co-parents.

These challenges often become more trying when a custody agreement that looks clear on paper isn’t being followed in real life.

Missed exchanges, last-minute schedule changes, extended vacations without agreement, or refusal to return the child on time can quickly turn summer parenting time into a big source of conflict.

Here’s what to know: When a co-parent isn’t following a summer custody schedule in Michigan, the parenting time order is still legally enforceable and can be addressed through documentation, communication, and court enforcement if needed. Acting early helps protect your parenting time, reduce conflict, and prevent ongoing disruption to your child’s routine.

Are Parenting Time Orders Legally Enforceable in Michigan?

In Michigan, custody and parenting time orders issued by the court are legally binding. Both parents are required to follow the schedule exactly as written unless both parents agree to a change, or the court modifies the order.

When one parent unilaterally changes the schedule or withholds parenting time, it may be considered a violation of the court order.

What Are Some Common Summer Custody Issues in Michigan?

Summer can be a challenging time for all families as they juggle vacations, summer camps, and time spent with friends and relatives. For those in co-parenting arrangements, a few common issues tend to emerge, including:

• One parent extending vacation time without agreement
• Missed or delayed exchanges during travel
• Disputes over holiday or holiday-adjacent weekends
• Confusion about “make-up” parenting time
• Lack of communication about summer camps or childcare

While a slip here or there may seem innocent enough to one parent, even small deviations can add up quickly and create ongoing conflict if not addressed.

What Should You Do if Your Ex Isn’t Following the Custody Plan?

Here are three things you should do if your ex is deviating from the summer schedule:

1. Start by documenting everything - Before taking legal action, document what is happening clearly and consistently. This includes things like dates and times of missed or altered exchanges, messages or emails about schedule changes, any travel plans or statements made by the other parent and attempts you’ve made to resolve the issue.

Courts rely heavily on documentation when determining whether a violation occurred and what remedy is appropriate.

2. Communicate about the issue but stay focused on the order - In many cases, co-parenting issues can be resolved through direct communication. When you do reach out, keep messages brief and factual. Focus on the existing order and try to remain free from emotional escalation or accusations.
3. Consider enforcement if violations continue - If the other parent continues to ignore the custody schedule, you may be able to ask the court to enforce the order. In Michigan, courts can respond to parenting time violations in several ways, including ordering make-up parenting time, modifying the custody arrangement [link to June “How to Modify a Custody Agreement in Michigan”] in serious cases, imposing fines, or requiring other actions. The courts may institute a remedy that corresponds to the severity and pattern of the violations.

Contact Us at McKinney Vos with Concerns About Custody Violations

When a custody order isn’t being followed, it can feel like the system isn’t working the way it should. But Michigan law does provide ways to enforce parenting time and restore structure.

At McKinney Vos PLLC, we help parents address custody violations, enforce court orders, and protect their parenting time. If your summer custody schedule isn’t being followed, contact us today to schedule a consultation to understand your options.

FAQ Section

Q: Are summer custody schedules legally enforceable in Michigan?

A: Yes. Court-ordered parenting time schedules in Michigan are legally binding regardless of the season. Both parents are required to follow the schedule exactly as written unless they reach a mutual written agreement or the court issues a modification order. Unilaterally changing or ignoring the schedule can constitute a violation of the court order.

Q: What can I do if my ex is not following the summer custody schedule?

A: Start by documenting every deviation, including dates, times, and any messages or communications about schedule changes. Try to address the issue directly through calm, factual communication focused on the existing order rather than accusations. If violations continue, you may be able to file a motion asking the court to enforce the order. Courts can respond with make-up parenting time, fines, or modifications to the custody arrangement depending on the severity and pattern of the violations.

Q: What counts as a parenting time violation in Michigan?

A: A parenting time violation occurs when one parent fails to comply with the terms of a court-ordered custody or parenting time schedule without the other parent's agreement or a court modification. Common examples include missing or delaying exchanges, extending vacations beyond the agreed timeframe, refusing to return the child on time, or making unilateral changes to summer camp or childcare plans that affect the other parent's time.

Q: How do courts respond to parenting time violations in Michigan?

A: Michigan courts have several tools to address parenting time violations. Depending on the circumstances, a court may order make-up parenting time to compensate for missed days, impose financial penalties, require the violating parent to pay the other parent's attorney fees, or in serious or repeated cases, modify the custody arrangement. Courts generally