Summer is when parenting time plans meet reality.
School year parenting time mostly runs itself: the schedule is the schedule. Then July arrives, and with it the up north trip that overlaps the other parent's weekend, the out of state wedding, the camp that eats a whole exchange, and the text that says the kids "aren't coming back until August." Summer is the busiest season for parenting time conflict in Michigan, and most of it comes down to three questions: what counts as a vacation, what to do when time is denied, and what the Friend of the Court can actually enforce.
Who decides what summer looks like?
Your court order does. Most Michigan judgments either spell out a summer schedule or adopt the county Friend of the Court parenting time guideline, which typically defines the summer period and how vacation blocks get selected, often with deadlines in spring for choosing weeks. If you and your co parent agree to something different, Michigan law is fine with that, and flexible parents trade weekends all summer without a courtroom in sight. The order matters when agreement breaks down, because whatever you can't resolve, the order resolves. Step one in every summer dispute is the unglamorous one: read your judgment, including the vacation, notice, and travel provisions you skimmed when it was entered.
Can the other parent take the kids on vacation without your blessing?
During their own parenting time, generally yes, and so can you during yours. A one week trip to a cottage or another state is temporary travel, not a change in where the child lives, and unless your order requires itineraries, consent, or notice, a vacation within a parent's own time is theirs to plan. That said, many orders do have notice requirements, and providing an itinerary in writing is good practice even when nothing requires it, because it builds the record of reasonableness that wins later disputes.
The line that can't be crossed casually is residence. Under MCL 722.31, a parent can't change the child's legal residence to a location more than 100 miles away, or move the child out of Michigan, without the other parent's consent or a court order. A "vacation" that turns into enrollment in another state's school district is a relocation dressed up as a trip, and courts treat it accordingly. If a move is genuinely on the table, that's a motion, not a fait accompli, and the custody framework comes into play.
What do you do when parenting time is denied?
Three things, in order. First, document: the date, the communication, the reason given, in writing, every time. Second, don't retaliate. Withholding your own exchanges, showing up unannounced, or involving the police over a civil schedule dispute all damage your position more than the denial damaged it. Third, use the machinery built for this: file a written complaint with the Friend of the Court, which is required to enforce parenting time orders. Enforcement can mean makeup parenting time, contempt proceedings for repeat offenders, and, when denials become a pattern, grounds to revisit the order itself.
Makeup parenting time has real rules worth knowing. It must be the same type and duration as what was lost, summer parenting time for summer parenting time, it must be used within one year, and the parent using it has to give advance written notice to the other parent and the Friend of the Court, at least 28 days for holiday or summer time. A denied week in July isn't gone. It's owed.
Can you withhold the kids over unpaid child support?
No, and this one sinks people every summer. Support and parenting time are separate obligations in Michigan, enforced separately. A parent behind on support still has their court ordered time, and a parent denied time still owes support. Using one as leverage for the other puts you in violation of a court order and hands the other side the best exhibit they'll ever have. If support is unpaid, the Friend of the Court has income withholding, show cause hearings, and other enforcement tools that work far better than self help. If you're tempted to freelance, that's precisely the moment to call us first.
How do you keep next summer from repeating this one?
Fix the order, not just the incident. Most summer blowups trace to vague language: no defined vacation blocks, no selection deadlines, no travel notice terms. Those are drafting problems with drafting solutions, and modifying parenting time provisions is a far lighter lift than changing custody. Our family law and divorce practice handles parenting time enforcement, modifications, and the underlying custody disputes across Metro Detroit, and if you're just starting the process, our guide to how divorce works in Michigan shows where parenting time fits. The consultation is free. Come in before spring, and next July can just be July.
Quick answers
Can my ex take our child out of state on summer vacation?
Usually yes, during their own parenting time, unless your order says otherwise. A temporary vacation is legally different from changing the child's residence. Moving the child's home out of Michigan, or more than 100 miles away, requires the other parent's consent or a court order under MCL 722.31. Check your judgment for notice or itinerary requirements, and put vacation plans in writing.
What can I do if my summer parenting time is denied?
Document the denial, don't retaliate, and file a written complaint with the Friend of the Court, which is required to enforce parenting time orders. Remedies include makeup parenting time, contempt proceedings, and in patterns of violation, modification. Makeup time must be the same type and duration, summer for summer, and used within one year, with advance written notice.
Can I withhold parenting time if my ex isn't paying child support?
No. Parenting time and child support are separate obligations in Michigan, and courts enforce them separately. Withholding the children over unpaid support puts you in violation of the order, exposes you to enforcement, and hurts you in any future custody proceeding. Pursue unpaid support through the Friend of the Court instead.
Related reading
- Child Custody in Michigan: How Judges Actually Decide
- How Does Divorce Work in Michigan?
- Family Law & Divorce at D.C. Law