On
March 23, 2020 Governor Gretchen Whitmer issued Executive Order No. 2020-21 titled “Temporary
requirement to suspend activities that are not necessary to sustain or protect
life.” This order
specifically addresses custody agreements and the order does not prohibit
travel for parenting time exchanges.
“Individuals may also travel: As required
by law enforcement or a court order, including the transportation of children
pursuant to a custody agreement.” Executive Order No. 2020-21 7(b)(4).
The Michigan Supreme Court has also weighed in on
the issue of custody and parenting time orders:
“The
Supreme Court wants to remind parents that all court orders for a child’s
custody, parenting time and support are still in force. Only a new court order
can change that. Parents should continue to follow their court order.
If
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. Remember that children might
also be nervous about current events and need reassurance from parents. If it
is necessary to share parental responsibilities in ways different than the
court order provides, parents should cooperate with each other to further the
child’s best interests. If parents are not able to agree between themselves how
to do this, their court order continues to control what they should do.”
Parents
should continue to follow the custody and parenting time orders issued by the
Court. In the event of a health or
safety concern, speak to the other parent about your concerns if possible or reach
out to an attorney immediately.
Violation of a court order may result in contempt proceedings.
If you have any questions regarding custody and
parenting time exchanges, contact Breitmeyer Cushman PLLC.
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