In today’s at-your-fingertips world, consumers count the minutes. Ordering a pizza? Thirty minutes or it’s free. Buying car insurance? Save money in 15 minutes. Need a new pair of shoes? Have it shipped by drone to your door in an hour.

Setting an effective, enforceable parenting time order? Well, we hope we can spare a little more time for that.

Protecting our children’s well-being is a responsibility the State of Michigan treats seriously. Establishing the first Friend of the Court (FOC) system in the country, Michigan has helped ensure not only that all children will be supported financially but that willing, fit parents have an adequate opportunity to parent. The stakes are high and we have built an entire system of legal processes to safeguard these interests.

Yes, processes take time, but can still be completed efficiently. In Macomb County, FOC staff and prosecuting attorneys (PAs) are working together to craft more effective orders and maximize enforcement efforts. For the last year, Macomb County PAs have been trying to incorporate specific parenting time provisions into orders. “Where possible,” said Macomb Assistant PA Beth Naftaly Kirshner, “we are trying to move away from ‘reasonable’ as the standard for parenting time.” Macomb’s Family Support Division is joining other PA offices to incorporate specific parenting time in their orders.

Peek into any courtroom in the country and you will see attorneys wondering what exactly “reasonable” means. Nevertheless, this uncertainty is largely unnecessary with parenting time. Kirshner reports that “most parties have discussed parenting time before coming into the PA’s office.” When the parties agree to a schedule, that schedule is written into the order. If the parties are not yet at a specific schedule, the PA will explain the court’s standard parenting time schedule which was drafted by the FOC and approved by the bench. Most parties find the standard schedule fits their needs, or they may agree to modify the schedule. Once the parties agree, the schedule is written into the order and the parties are able to move forward with a clear picture of what their rights and obligations will be under the order.

When the parties do not agree, the PAs office does not push an agreement on them. “We don’t represent anyone for custody or parenting time pursuant to statute,” says Kirshner, “but we are hopeful that we can achieve a specific parenting time schedule so that the children have stability and both parents involved in their lives. Where the parties can’t agree, the parties can either agree to a temporary order with support based on guidelines or the PA’s office will schedule a court hearing.” If the parties agree to a temporary order, the matter can be referred directly to the FOC. In those instances the PA will write an order referring the parties to the FOC. Once approved by the judge, the parties are allowed to by-pass a court hearing and enlist the alternate dispute resolution (ADR) services used when parties disagree with a parenting time schedule already in place.

Upon receiving a direct referral, the FOC will notify the parties of an appointment date to facilitate the issue of parenting time and/or custody with an FOC field investigator. If the matter is not resolved, then a complete investigation and a recommendation is completed. This allows the parties a second opportunity to come to their own resolution. FOC Thomas Blohm reports that the FOC uses this opportunity to “educate the parties on the aspects of parenting time and custody as well as providing information to new Macomb FOC users.”

The effect this procedure has on enforcement efforts is yet unclear, but the idea is to narrow the gap between setting an order and bringing an enforcement proceeding – or, in the best case, to prevent an enforcement proceeding altogether. The parties will not always agree, but “anything that allows us to connect with people earlier is going to help with enforcement later,” says Blohm. “We’d rather deal with issues now than down the line.”

In Macomb County’s experience, however, few issues require a direct referral. Kirshner estimates that more than 90% of the parties she meets with agree on a parenting time schedule and “the whole process usually takes no more than 5 to 15 minutes.” In less than 10% of cases that necessitate direct referrals, Blohm estimates that the vast majority are resolved through facilitation.  

Macomb PA and FOC offices are working together to develop a more cohesive relationship including providing specific parenting time, recognizing avenues to increase incentives, distributing information efficiently to clients, and developing a means to right size prior orders. The effects of this cohesive partnership have greatly benefited the families of Macomb County. 

The Michigan child support and parenting time programs may never be able to promise pizza delivery speeds or insurance savings.  Nonetheless, PAs and FOC staff in Macomb County are assisting families by efficiently establishing parenting time orders in 15 minutes or less.