This bill introduces a mechanism for the enforcement of parenting plans through a family access motion in the family division of the circuit court. It allows an aggrieved parent to file a motion in cases of substantial and material noncompliance with a court-approved parenting plan, specifically when parenting time is denied or interfered with without good cause. The bill requires the court to develop a simple form for pro se motions, which will be provided by court staff, and establishes that the standard court costs for civil actions will apply to the filing of such motions.
Upon filing, the court must issue a summons within 10 business days, and the respondent must be personally served. If the court finds a violation of the parenting time order without good cause, it may order remedies including compensatory parenting time, counseling for the violator, fines, posting of bond or security, and payment of costs for counseling to reestablish the parent-child relationship. Additionally, the court may assess reasonable expenses incurred due to the denial or interference with parenting time, including attorney's fees, against the violator. The bill stipulates that final disposition of a family access motion must occur within 60 days of service, unless waived or deemed in the best interest of the child. The act will take effect on January 1, 2025.