Bill Text: MI SB1000 | 2011-2012 | 96th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family law; parenting time; parenting time in a country not a party to the Hague convention on the civil aspects of international child abduction; prohibit. Amends sec. 7a of 1970 PA 91 (MCL 722.27a).

Spectrum: Partisan Bill (Republican 8-0)

Status: (Passed) 2012-12-31 - Assigned Pa 0600'12 With Immediate Effect [SB1000 Detail]

Download: Michigan-2011-SB1000-Engrossed.html

SB-1000, As Passed House, December 13, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1000

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1970 PA 91, entitled

 

"Child custody act of 1970,"

 

by amending section 7a (MCL 722.27a), as amended by 1996 PA 19.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 7a. (1) Parenting time shall be granted in accordance

 

with the best interests of the child. It is presumed to be in the

 

best interests of a child for the child to have a strong

 

relationship with both of his or her parents. Except as otherwise

 

provided in this section, parenting time shall be granted to a

 

parent in a frequency, duration, and type reasonably calculated to

 

promote a strong relationship between the child and the parent

 

granted parenting time.

 

     (2) If the parents of a child agree on parenting time terms,

 

the court shall order the parenting time terms unless the court


 

determines on the record by clear and convincing evidence that the

 

parenting time terms are not in the best interests of the child.

 

     (3) A child has a right to parenting time with a parent unless

 

it is shown on the record by clear and convincing evidence that it

 

would endanger the child's physical, mental, or emotional health.

 

     (4) Notwithstanding other provisions of this act, if a

 

proceeding regarding parenting time involves a child who is

 

conceived as the result of acts for which 1 of the child's

 

biological parents is convicted of criminal sexual conduct as

 

provided in sections 520a to 520e and 520g of the Michigan penal

 

code, Act No. 328 of the Public Acts of 1931, being sections

 

750.520a to 750.520e and 750.520g of the Michigan Compiled Laws

 

1931 PA 328, MCL 750.520a to 750.520e and 750.520g, the court shall

 

not grant parenting time to the convicted biological parent. This

 

subsection does not apply to a conviction under section 520d(1)(a)

 

of Act No. 328 of the Public Acts of 1931, being section 750.520d

 

of the Michigan Compiled Laws the Michigan penal code, 1931 PA 328,

 

MCL 750.520d. This subsection does not apply if, after the date of

 

the conviction, the biological parents cohabit and establish a

 

mutual custodial environment for the child.

 

     (5) Notwithstanding other provisions of this act, if an

 

individual is convicted of criminal sexual conduct as provided in

 

sections 520a to 520e and 520g of Act No. 328 of the Public Acts of

 

1931 the Michigan penal code, 1931 PA 328, MCL 750.520a to 750.520e

 

and 750.520g, and the victim is the individual's child, the court

 

shall not grant parenting time with that child or a sibling of that

 

child to that individual, unless both the child's other parent and,


 

if the court considers the child or sibling to be of sufficient age

 

to express his or her desires, the child or sibling consent to the

 

parenting time.

 

     (6) The court may consider the following factors when

 

determining the frequency, duration, and type of parenting time to

 

be granted:

 

     (a) The existence of any special circumstances or needs of the

 

child.

 

     (b) Whether the child is a nursing child less than 6 months of

 

age, or less than 1 year of age if the child receives substantial

 

nutrition through nursing.

 

     (c) The reasonable likelihood of abuse or neglect of the child

 

during parenting time.

 

     (d) The reasonable likelihood of abuse of a parent resulting

 

from the exercise of parenting time.

 

     (e) The inconvenience to, and burdensome impact or effect on,

 

the child of traveling for purposes of parenting time.

 

     (f) Whether a parent can reasonably be expected to exercise

 

parenting time in accordance with the court order.

 

     (g) Whether a parent has frequently failed to exercise

 

reasonable parenting time.

 

     (h) The threatened or actual detention of the child with the

 

intent to retain or conceal the child from the other parent or from

 

a third person who has legal custody. A custodial parent's

 

temporary residence with the child in a domestic violence shelter

 

shall not be construed as evidence of the custodial parent's intent

 

to retain or conceal the child from the other parent.


 

     (i) Any other relevant factors.

 

     (7) Parenting time shall be granted in specific terms if

 

requested by either party at any time.

 

     (8) A parenting time order may contain any reasonable terms or

 

conditions that facilitate the orderly and meaningful exercise of

 

parenting time by a parent, including 1 or more of the following:

 

     (a) Division of the responsibility to transport the child.

 

     (b) Division of the cost of transporting the child.

 

     (c) Restrictions on the presence of third persons during

 

parenting time.

 

     (d) Requirements that the child be ready for parenting time at

 

a specific time.

 

     (e) Requirements that the parent arrive for parenting time and

 

return the child from parenting time at specific times.

 

     (f) Requirements that parenting time occur in the presence of

 

a third person or agency.

 

     (g) Requirements that a party post a bond to assure compliance

 

with a parenting time order.

 

     (h) Requirements of reasonable notice when parenting time will

 

not occur.

 

     (i) Any other reasonable condition determined to be

 

appropriate in the particular case.

 

     (9) Except as provided in this subsection, a parenting time

 

order shall contain a prohibition on exercising parenting time in a

 

country that is not a party to the Hague convention on the civil

 

aspects of international child abduction. This subsection does not

 

apply if both parents provide the court with written consent to


 

allow a parent to exercise parenting time in a country that is not

 

a party to the Hague convention on the civil aspects of

 

international child abduction.

 

     (10) (9) During the time a child is with a parent to whom

 

parenting time has been awarded, that parent shall decide all

 

routine matters concerning the child.

 

     (11) (10) Prior to entry of a temporary order, a parent may

 

seek an ex parte interim order concerning parenting time. If the

 

court enters an ex parte interim order concerning parenting time,

 

the party on whose motion the ex parte interim order is entered

 

shall have a true copy of the order served on the friend of the

 

court and the opposing party.

 

     (12) (11) If the opposing party objects to the ex parte

 

interim order, he or she shall file with the clerk of the court

 

within 14 days after receiving notice of the order a written

 

objection to, or a motion to modify or rescind, the ex parte

 

interim order. The opposing party shall have a true copy of the

 

written objection or motion served on the friend of the court and

 

the party who obtained the ex parte interim order.

 

     (13) (12) If the opposing party files a written objection to

 

the ex parte interim order, the friend of the court shall attempt

 

to resolve the dispute within 14 days after receiving it. If the

 

matter cannot be resolved, the friend of the court shall provide

 

the opposing party with a form motion and order with written

 

instructions for their use in modifying or rescinding the ex parte

 

order without assistance of counsel. If the opposing party wishes

 

to proceed without assistance of counsel, the friend of the court


 

shall schedule a hearing with the court that shall be held within

 

21 days after the filing of the motion. If the opposing party files

 

a motion to modify or rescind the ex parte interim order and

 

requests a hearing, the court shall resolve the dispute within 28

 

days after the hearing is requested.

 

     (14) (13) An ex parte interim order issued under this section

 

shall contain the following notice:

 

     NOTICE:

 

     1. You may file a written objection to this order or a motion

 

to modify or rescind this order. You must file the written

 

objection or motion with the clerk of the court within 14 days

 

after you were served with this order. You must serve a true copy

 

of the objection or motion on the friend of the court and the party

 

who obtained the order.

 

     2. If you file a written objection, the friend of the court

 

must try to resolve the dispute. If the friend of the court cannot

 

resolve the dispute and if you wish to bring the matter before the

 

court without the assistance of counsel, the friend of the court

 

must provide you with form pleadings and written instructions and

 

must schedule a hearing with the court.

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