Parenting Time During the COVID-19 Pandemic

April 13th, 2020

As the world scrambles to control the COVID-19 pandemic and leaders urge social distancing and self-isolation, co-parenting families are finding themselves in challenging situations. Parents are asking whether children: Should continue to transition between households; Be able to attend family birthday parties; Have friends over to visit; Attend child care; and participate in other daily activities. Other layers of complications add to the uncertainty, such as parents who are essential workers who continue to work outside the home, particularly in the medical field, and parents or children who are immunocompromised.

Parents naturally want to protect their children. At a time when the news broadcasts the daily “death toll” of the pandemic, the need to protect your children may feel overwhelming. At the same time, their other parent may be experiencing an equally overwhelming need to hold and parent your children, while your children may crave routine and normalcy. All of these conflicting needs, while valid, swirling in the unknown and new world of the pandemic, can lead to conflict as parents may have differing opinions as to what is in the best interests of their children. Children in the meantime, already unsettled by the events unfolding around them, are closely watching their parents for security and comfort and may feel added pressure and anxiety if their parents are at odds with one another.

Normally, when parenting time conflicts arise, parties and their attorneys turn to negotiation, mediation, and when all else fails – the court system. But with limitations on the ability to remotely negotiate/mediate and the closure of all non-essential and non-emergency court proceedings, parents are being left to their best behavior and are asked to dig deep, remember what brought them together in the first place, love their children more than their conflict, and focus on the needs of their children.

Michigan Orders Regarding Parenting Time
How to Maintain Parenting Time During Stay-at-Home Order
Supervised Parenting Time During COVID-19
Michigan's Executive Order on Virtual Parenting Time
Evolving COVID-19 Updates for Family Law Matters

Michigan Orders Regarding Parenting Time

On March 16, 2020 the Michigan Supreme Court (MSC) issued a statement on matters concerning children in light of the pandemic and school closures. The directive was clear and simply that “all court orders for a child’s custody, parenting time and support are still in force” and that “[o]nly a new court order can change that.” Governor Gretchen Whitmer’s March 23, 2020 Executive Order No. 2020-21, echoes the sentiment as it defined travel for parenting time as essential travel (Section 7.b.4, allowing travel “[a]s required by … a court order, including the transportation of children pursuant to a custody agreement.”)

In further explanation of the subsequent order, Executive Order 2020-42, Gov. Whitmer states that, “Court ordered parent child visits related to a child custody arrangement continue but these visits need not always be in person. Alternatives including telephone and videoconference are acceptable.” Parents who are already reluctant to turn over their children may be tempted to use this Order in support of their desire to deny in-person parenting time. This is risky. By doing so, those parents are violating a court order and consequently putting themselves at risk of later being found to be in contempt of court for violation of their court-ordered parenting time. The Constitutionally mandated “separation of powers” doctrine means that an Executive Order from the Executive Branch does not supersede a specific order issued in a case by the Judicial Branch. What does this mean to your family? Although parents are required to continue to follow the court orders and transport children for the purposes of parenting time, they should take heed of the Governor’s statement and consider telephone and videoconferencing instead if it makes sense for their particular family.

Aware that our quickly changing current events will likely require flexibility in co-parenting in ways not anticipated by current court orders, the MSC urges parents to cooperate with one another to further their children’s best interests. Also, having anticipated that further restrictions on transportation and personal movement were forthcoming, the MSC continued on to say, “[i]f future government decisions restrict travel or, if a child’s safety is an issue, parents should work together to keep the child’s access to both parents as close to the normal arrangement as possible.” However, if parents are unable to work out arrangements among themselves the court orders will continue to control. The MSC also recently published further guidance on the subject, “FAQs about Custody and Parenting Time During the COVID-19 Outbreak."

With the announcement by Governor Whitmer of the “Stay Home, Stay Safe” Executive Order, and the recent extension of the order, the time for parents to put aside their differences and work together is now. Children are very likely scared and anxious, and are naturally looking to their parents for reassurance, comfort and guidance. It is critically important for parents to mutually craft solutions for the health and safety of their children while remaining in compliance with government directives- no court or order is better equipped to understand the present needs of your family than you are.

When dealing with disagreements as to how best to handle parenting time during this pandemic, remember that neither parents’ personal needs or desires should outweigh the children’s best interests. Don’t be afraid to think outside the box as to new temporary arrangements – and put them in writing once they are agreed upon to avoid misunderstanding down the road. As parents, taking matters into your hands collectively can allow you the space to creatively come up with solutions that work for your family, in ways that a court could not anticipate, and a court order would not provide. In fact, the current state of affairs requires parents to collaborate and make difficult decisions for the health and safety of their children, including possibly minimizing the need for exchanges to limit children’s exposure. For example, parents can temporarily modify the parenting time schedule to lengthen the time between exchanges or look at the entire year’s schedule and exchange time now for time later. Remember, when making these decisions, keep in mind what is best for the children rather getting bogged down in feelings that you as a parent are “giving up” time.

How to Maintain Parenting Time During Stay-at-Home Order

Parents mindful of practicing social distancing to limit the chances of their children’s exposure to the virus will likely not be penalized for not having exercised parenting time – but parents should not be afraid to provide “make up” parenting time after the quarantine is lifted. Similarly, just because a parent does not exercise physical parenting time does not mean they have to be absent. There are many creative alternatives to help that parent maintain a strong bond with their children. Some examples and ideas include:

Setting up a time every day for the children and parent to do a Zoom or Facetime Call (set up a private space in the house for these);
Help with homework and school assignments remotely;
Order the same books for both homes and have one parent read to the children over the phone or video while the children hold the book in their hand;
Agree to watch the same movie tonight and have a conversation about it over the phone tomorrow, with planned-out discussion topics about the plot and characters;
Order and work on the same puzzle in both homes and check each other’s progress;
Have a recital for children who sing or play musical instruments - that the away parent can participate;
Share a meal over a video call;
Do an on-line museum tour or on-line field trip together;
Order two copies of the same book for a parent and children who are an independent reader, and have a “book club” discussion via Zoom, complete with snacks; or
Have the away parent by herself or himself meet the children outside for a daily walk or trip to a park if parents can agree to stretch time between exchanges (which can reduce exchange of germs from other people in the away parent’s house).

Using the technology available to phone and video chat and engage in remote activities with children on a consistent basis can prove to be a workable and necessary alternative for the time being. Parents can be as creative and flexible as necessary to meet the needs of their children.

On the other hand, if parents can’t agree on temporarily restructuring parenting time, the court orders will remain in effect. Beware, neither parent is a judge and a parent cannot unilaterally decide to withhold parenting time from the other. In that event, the offending parent risks legal ramifications for violating court orders. For more information on this topic, see our forthcoming blog, “Supervised Parenting Time During COVID-19.”

Supervised Parenting Time During COVID-19

In recent weeks, there has been much discussion regarding how parents should handle court-ordered parenting time schedules during the time of Coronavirus. While Governor Whitmer’s “Stay Home, Stay Safe” executive order offers some insight into how parents should handle schedules and exchanges for the time being, there is little to no guidance being proffered for parents who have a supervision requirement as a caveat to their parenting time.

If the supervision requirement provides for parenting time to take place in a public setting or a third party’s home, strict adherence would find most in violation of Governor Whitmer’s executive order and social distancing guidelines. Similarly, if the supervision requirement states that parenting time must occur at a facility, with most, if not all facilities that offer supervised parenting time services closed to the public indefinitely, supervised parenting time feels nearly impossible.

However, this is not the time to take a step back; children need both their parents and all the support they can get. Instead, this is a time for creativity – coming up with solutions that ensure neither party is in violation of a court order and at risk for contempt charges, while also ensuring the parent with supervised visitation has appropriate access to the children so relationships can be sustained in a comfortable and safe environment for all.

What is Contempt of Court?

Essentially, if a party is held in contempt of court it means that his or her actions or inactions are in violation of a court order (civil contempt), or that his or her behavior disobeys, offends, or disrespects the authority or dignity of the court (criminal contempt).

Civil Contempt

The court’s goal in finding a party in contempt is to effectively force the party in violation to comply with the court’s order. For civil contempt findings, most common in family law cases, the court may impose any of the following: (1) a conditional jail sentence; (2) fines and costs; (3) damages; and (4) attorney fees. The findings in a civil contempt hearing are purgeable or curable, meaning that the sanctions can be lifted once the violating party becomes compliant with the court’s order.

Criminal Contempt

Criminal contempt proceedings involve past wrongdoings that cannot be made right by the wrongdoer; therefore, a criminal contempt conviction cannot be cured. For criminal contempt convictions, the court may impose: (1) a fixed jail sentence of up to 93 days; (2) a fine of not more than $7,500; (3) an optional probationary term; (4) damages; and (5) attorney fees.

Avoiding Contempt of Court in Supervised Parenting Time Situations

You should not be held in contempt for failing to do something in a court order that has become a literal physical impossibility.

That said, it is generally frowned upon to engage in “self-help” in these types of circumstances and in some instances doing so could rise to the level of contempt. This means it is important to avoid unilateral decision-making as it relates to your children. An important general principal to keep in mind is that you have no more authority to deviate from the order and drop the supervision requirement than you do to unilaterally change the schedule altogether, so find a balance.

Communicate with the other parent to address concerns, propose various options, and demonstrate to the court that you have made every attempt to appropriately facilitate the parent-child relationship, while adhering to court orders to the fullest extent possible given the circumstances. Document these communications.

Depending upon your individual circumstances and prior court orders, here are some possible solutions to assist you in getting the conversation going:

Have your child(ren) record a video message to send to the supervised parent and have the supervised parent do the same.
Attempt to select a neutral third party who can participate in Zoom Meetings with the children and the supervised parent – keep in mind, these meetings can be recorded if there is some concern over potentially inappropriate behavior or conversation occurring.
If you are comfortable being the supervisor and there is nothing in your court orders that preclude it, you could initiate a FaceTime or Skype call with your children and the supervised parent, remaining in the same room as your children for the duration of the phone call.

Michigan's Executive Order on Virtual Parenting Time

In fact, the State of Michigan published a FAQ section relative to Executive Order 2020-42 which states that, “Court ordered parent child visits related to a child custody arrangement continue but these visits need not always be in person. Alternatives including telephone and videoconference are acceptable.” Remember: the executive order does not replace your own court order, so if you want to change the duration or frequency of visits, you need to file a motion with the Court.

Above all, parents need to be understanding and cooperative with one another now more than ever. This may seem like an obvious, and “easier said than done” type mantra, but with courts less accessible while the executive order remains in effect, barring an emergency requiring immediate attention, it really is the most effective way for two household-families to operate during these uncertain times.

Remember, every case is different, so these suggestions might not be workable solutions for your family. To best avoid issues arising once court operations fully resume, ask a family law attorney for advice specific to your facts and circumstances.

Evolving COVID-19 Updates for Family Law Matters

As the state of the pandemic is consistently changing, the attorneys at NSSS&B are closely monitoring how courts are evolving to handle family law matters, in addition to changes in the MSC’s notice and the “Stay Home, Stay Safe” Executive Orders and related FAQs. Keep an eye out on the news and our blog page for updates on new developments. For now, from everyone here at NSSS&B: stay safe, healthy and positive. As a community, we will get through this together.

**The information provided in this blog does not, and is not intended to, constitute legal advice nor create an attorney-client relationship; instead, all information, content, and materials provided are for general informational purposes only.**

Written by Miriam Saffo, J.D. Special thanks to Erin Flynn, J.D., Lori Buiteweg, J.D. and Karen Sendelbach, J.D.

Categories: Family Law Blog, Parenting, Uncategorized

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– Wife, Ann Arbor

Thanks to your skill and caring, my daughter finally has a shot at a stable life. Our settlement allows her to maintain a relationship with her mother while having a secure place to call home. Outcomes like this may be commonplace for you, but it wil…”

– Father, divorce/custody

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– Husband, California

Thank you for fighting hard for me today and explaining how the court will decide the amount of alimony & child support.”

– Father of 2 Ann Arbor

My thanks for your wonderful representation and personal kindness. I am better off for having had both.”

– Wife, Washtenaw County

I recognize all the hard work you are doing and how effective you are in court.”

– Father, Washtenaw County

Karen, you are great to work with—a class act.”

– Family law attorney representing the opposing spouse in a divorce settlement.

I can’t tell you how grateful I am for your understanding and efforts during my custody case. It’s the first time in a long time that I will sleep peacefully, and my daughter is very happy, too.”

– Father who obtained sole custody of his daughter, Ann Arbor

Karen is a whip-smart attorney who kept my head on straight during my own painful divorce. Her unquestionable expertise and gentle sense of humor kept the process as classy as possible. She manages to negotiate a difficult situation with much grace a…”

– Divorced woman, Ann Arbor

Thanks to you for all you’ve done and are doing. My kids are adjusting very well to the divorce, and it’s great for me to be part of their lives again. Picking them up directly from school, which you arranged, is a joy.”

– Father of 3, Ann Arbor

Karen, I am so happy that you are on my team. I love how you phrase things to get the desired result. When my partner kept raising old issues, you intervened to advocate for the best interests of our son.”

– Mother, Ann Arbor

Thank you for the most efficient, smart, pleasant and well run mediation I have ever attended. Way more than two thumbs up!”

– Attorney – Ann Arbor

I absolutely love Eileen. She is very kind, patient, and explained everything to me. I never felt rushed or that I was bothering her. Everyone seemed genuinely eager and happy to assist, not stuffy at all. I am a very pleased client!”

– single woman, Jackson

The process was overwhelming to me, but I felt if I needed more attention, I could always turn to Eileen for help.”

– mother, Ann Arbor

Eileen’s compassion and support carried me through this difficult time. How her practice operates is a reflection of each and every employee’s help, no matter what their position—a belief that was confirmed throughout my experience.”

– Father of 2, Milan

Eileen made me comfortable with her, both professionally and personally.”

– Husband, Ann Arbor

Eileen helped me survive a terrible ordeal. At the beginning of my case, I had no idea what was ahead of me. For all the stress we went through, your fees were more than reasonable.”

– Wife, Ann Arbor, MI

I was impressed by the firm’s experiences lawyers and Eileen’s timely responses and knowledgeable advice.”

– Mother, Dexter, MI

Eileen is always professional and an expert at what she does. I appreciated getting all the documents in a timely way, and I always knew what was going on. Your firm is THE BEST family law practice in the area.”

– Single woman, Saline

Eileen was so professional and knowledgeable. She took control of the case and was considerate and fair to the other side, which was the way I wanted it from the beginning. I had two law firms handling my case, and yours was light years ahead in term…”

– Father of 2, Ann Arbor

I can’t thank you enough for your tenacity, diligence, support and guidance. The conditions under which you worked would have tested the most patient person…I’m certain that my case has earned you sainthood status!”

– Mother of 2, Livingston County

My case was complicated, and I felt as if I was in an emotional fog. Eileen helped me sort things out.”

– Wife, Ann Arbor

Unlike the opposing attorney, you acted fairly toward everyone (which is a good thing), while I know you worked hardest to help me.”

– Father of 2, Ann Arbor

I would recommend Eileen and your firm to anyone.”

– Mother, South Lyon

I always felt that I could call or e-mail Eileen at any time, and she always kept me informed. I also really appreciated her sitting beside me when we went to court.”

– Wife, Ann Arbor

You and Penny made the process easy and comfortable. I felt your sincere efforts in working on my behalf. I will definitely recommend you to others.”

– Mother of 1, Dexter

Thanks for all your support on my case. The process went very smoothly and the outcome was good. You honestly cared about me and my kids.”

– Mother of 2, Ann Arbor

Eileen was excellent to work with and handled a difficult, emotional and time-consuming situation very professionally.”

– Husband, Tennessee

Eileen, I appreciate your professional services, encouragement and support. All the best as we go forward.”

– Husband, Saline

I could tell by my attorney’s attitude and knowledge of the law that I was going to be OK. The settlement had everything I was fighting for—joint custody of our children and fair alimony payments.”

– Father, Livingston County

I felt very well cared for. Everyone in the office is professional and approachable.”

– Mother, Ann Arbor

I hope others will benefit from the woman you are and the expertise you possess in the field of law.”

– Attorney, Ann Arbor

Everyone was very caring and sensitive about our case.”

– Wife, Adrian

I felt I was heard and given good advice.”

– Husband, Whitmore Lake

I always felt I had a very powerful ally going to bat for me. And your evening hours are so convenient for those of us who work during the day.”

– Wife, Ann Arbor

Karen, thank you again for being so amazing. You are the best! If any of my friends ever need a divorce attorney in the future you will be highly recommended.”

– mother of 2 - Saline

Karen, first of all…whoa. I seriously can’t begin to EVER thank you enough. I am at least forever grateful to you. In all seriousness, if it wasn’t for all of the work you and your staff put in, I don’t know where I would be right now, but it…”

– mother of 1 - Ann Arbor

Karen, you are literally my favorite lawyer in this whole world and have convinced me that lawyers can care and often do care about those in need. thank you for everything you’ve done for me.”

– young adult client

Thank you for your help this past year. As I have said to you, the single most important thing I accomplished all year, and I bought and sold a company, was getting more time with my children. Thank you for the help and support to make that happen. I…”

– Father of 2

Jackie Chan is credited for saying, “Sometimes it takes only one act of kindness and caring to change a person’s life.” The kindness of Lori Buiteweg has repeatedly helped me through the toughest times of my life. Her knowledge and…”

Karen, you did an amazing job today. Thank you so much for your hard work and your awesome settlement agreement. Top to bottom, from the comfortable environment and the almonds at the end of the day to the great chocolate when we closed, you kept it…”

– mediation clients

Had a wonderful experience with Lori and associates! Divorce is one of the hardest things to go through, but Lori was there as a friend as well as an amazing and brilliant attorney! I highly recommend”

Ms. Solomon was outstanding. She made a hard process as pain free as possible. Answered all my questions and concerns in a timely fashion. Provided great legal advice mixed with compassion. I would highly recommend her to anybody going through the pr…”

Well it’s official … I completed my Masters through MSU💚 Thank you for not only being my amazing lawyer but also my wonderful friend. Thank you for believing in me when I’m not sure I really believed in myself 😘 When I received the em…”

– Single Working Mom

“Lori Buiteweg was absolutely fantastic. She is incredible at her job and is well-informed, skilled and dedicated to her clients. More importantly, she is compassionate and deeply cares about her clients.””

– Satisfied Client

I engaged Karen Sendlebach after a strong recommendation from a friend who used her services. Going through a divorce is the worst thing you can go through as an adult, other than losing a loved one. One of Karen’s greatest strengths is that she is…”

– Past Client

I really appreciate you going above and beyond your job today. You showed patience, kindness and warmth to a stranger. It really meant a lot to me. It felt like light during my darkest hour.”

– Mediation Client

As a mother of three young toddlers and a business owner, I cannot say enough about Lori’s expertise, honest and blunt guidance, as well as prompt responding! Her staff has performed above my expectations for kindness and promptness. My case was no…”

– Mother of 3

Thank you for all your help today. You handled the other attorney extremely well.”

– anonymous

“That was a lot of time and effort to dedicate to helping this family. Thank you soo soo much for working with us and resolving this case!!” “I second that wholeheartedly. You had what felt like an impossible task and did an amazing…”

– from attorneys who mediated their case to settlement a week before trial.

I really appreciate all your efforts throughout the mediation. I truly felt that you had [my child’s] best interests in mind, which was incredibly reassuring. I still dont know how you kept going yesterday without eating all day! I know that I was…”

– Ann Arbor Mother and Business Owner

524 S Main St, Suite 210

Ann Arbor, MI 48104

Phone: (734) 994-3000

Email: Email

40900 Woodward Avenue, Suite 111

Bloomfield Hills, MI 48304

Phone: (248) 594-5776

Email: Email

Parenting Time During the COVID-19 Pandemic

Table of Contents

Michigan Orders Regarding Parenting Time

How to Maintain Parenting Time During Stay-at-Home Order

Supervised Parenting Time During COVID-19

What is Contempt of Court?

Civil Contempt

Criminal Contempt

Avoiding Contempt of Court in Supervised Parenting Time Situations

Michigan's Executive Order on Virtual Parenting Time

Evolving COVID-19 Updates for Family Law Matters

Practice Areas

Contact Us

Testimonials

Contact Us

Nichols, Sacks, Slank, Sendelbach, Buiteweg & Solomon, PC.