The Confusing Interrelationship of Visitation and Child Support
Matters which must be proved Alimony--Child support--Bond--Method of payment Alteration of allowances Chapter Child Custody and Visitation Subchapter 1. Award of custody Sibling visitation rights Visitation rights of grandparents when the child is in the custody of a parent Public schools; transfer of children between parents Criminal records check Custody of minor children; representation by attorney ad litem in probate court Visitation rights of grandparents when the parent does not have custody of the child Visitation--Preference of child Drug testing--Proceedings concerning child custody, visitation, or the welfare of a child Parents who are members of the armed services Subchapter 3.
Personal Records of Child Non-custodial parent with visitation rights; right to scholastic records of child Refusal of school to provide records; penalty Subchapter 4. International Child Abduction Prevention Act Citation Prevention of international child abduction Considerations of the court Abduction risk factors Abduction prevention measures Ex parte relief Chapter Spousal and Child Support Subchapter 1.
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Jurisdictional consent Deduction from salary Quarterly financial report Contempt proceedings; insanity plea Support petitions Support from noncustodial parents Change in payor income warranting modification Transfer between local jurisdictions Automatic assignment of rights Arkansas registry of child support orders Chapter Domestic Abuse Subchapter 1. Judicial Proceedings. Petition - Requirements generally. Filing fees Petition - Form. Hearing - Service. Relief generally - Duration. Temporary order.
Protection order - Enforcement - Penalties - Criminal jurisdiction. Law enforcement assistance Modification of orders.
“Parental Kidnapping” – Is Withholding Parenting Time a Crime in Michigan?
Contempt proceedings. Jurisdiction generally. Effect of no contact order. Police conduct and procedure. Denial of relief prohibited. Factors in determining custody and visitation. Mutual orders of protection - Separate orders of protection. Commercial mobile radio service accounts--Transfer order Subchapter 3.
Statutes: Arkansas
Orders of Protection from Other Jurisdictions Full faith and credit Immunity from liability. Short title Proceedings governed by other law Application to Indian tribes International application of act Effect of child-custody determination Priority Notice to persons outside state Appearance and limited immunity Communication between courts Taking testimony in another state Cooperation between courts; preservation of records Subchapter 2.
Jurisdiction Initial child-custody jurisdiction Exclusive, continuing jurisdiction Jurisdiction to modify determination Temporary emergency jurisdiction Notice; opportunity to be heard; joinder Simultaneous proceedings Inconvenient forum Jurisdiction declined by reason of conduct Information to be submitted to court Appearance of parties and child Subchapter 3.
Enforcement Enforcement under Hague Convention Duty to enforce Temporary visitation Registration of child-custody determination Enforcement of registered determination Expedited enforcement of child-custody determination Service of petition and order Hearing and order Warrant to take physical custody of child Costs, fees, and expenses Recognition and enforcement Appeals Role of prosecutor or public official Role of law enforcement Costs and expenses Subchapter 4.
Miscellaneous Provisions Application and construction Title Labor and Industrial Relations Chapter 5. Working Conditions Generally Subchapter 1. Prevention of workplace violence. Title Law Enforcement Agencies and Programs Chapter Crime Reporting and Investigations Subchapter 2. Protection order registry Title Practice, Procedure, and Courts Subtitle 7.
Specifically, MCL Any doubts about whether the crime of kidnapping can be applied to a parent even one with custodial rights should be dispelled because the Michigan Court of Appeals has supported application of the law to parents. Despite ostensible legislative and higher judicial affirmation, this author has found that local police departments, prosecutor offices, and city attorney offices are typically unwilling to enforce MCL Parents regularly call the police for help when wrongful parental takings and retentions occur.
But I have yet to find a local police officer or prosecutor who would be willing to pursue arrest and criminal charges under MCL Unfortunately, family courts are not always prompt in offering relief to the non-violating parent and the child ren.
Parental Kidnapping
Possible remedies that the family court might offer the non-violating party include but are not limited to the following:. It should be noted that some family law judges are reluctant to dispense serious sanctions, particularly in the case of first time offenders of wrongful withholding of parenting time.
Additionally, in post-judgment cases, when the family has a caseworker assigned, the Friend of the Court might offer assistance to the non-offending parent. Also see M Crim JI Its purpose is to serve as a memorialization of research as well as invoke community discussion.
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This article shall not constitute legal advice. It does not create an attorney-client relationship. Legal advice should be given on a case-by-case basis, as its accuracy is relative to the timing and particular facts of the given matter. It is important to always consult an attorney regarding legal matters.
I am Dennis M.