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RESOURCES - SINGLE AND DIVORCING PARENTS

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As a non-lawyer, I believe that completely isolating a deployed military parent from her or his children may be reasonably considered domestic violence perpetrated against the deployed parent and the child under Michigan's existing statutes.

http://www.legislature.mi.gov/mileg.aspx?page=getobject&objectname=mcl-Act-389-of-1978&query=on&highlight=400.1501

In particular domestic violence is defined in MCL 400.1501 as:

(d) “Domestic violence” means the occurrence of any of the following acts by a person that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to a family or household member.

(ii) Placing a family or household member in fear of physical or mental harm.

(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) “Family or household member” includes any of the following:

(i) A spouse or former spouse.

(ii) An individual with whom the person resides or has resided.

(iii) An individual with whom the person has or has had a dating relationship.

(iv) An individual with whom the person is or has engaged in a sexual relationship.

(v) An individual to whom the person is related or was formerly related by marriage.

(vi) An individual with whom the person has a child in common.

(vii) The minor child of an individual described in subparagraphs (i) to (vi).

Domestic violence as defined by statue to me is applicable, because:

Preventing a parent and a child from having a mutually loving relationship can cause both mental harm (d)(ii). A parent or child who is afraid that their relationship is being destroyed is in fear of mental harm (d)(iii). A parent or child who is terrorized because they are punished when they express love for a family member, is frightened or intimidated into not expressing such love, harassed or molested when they express love (d)(iv) is a victim of domestic violence. Family or household members include people who have a child in common (e)(vi) and the minor of such a union (e)(vii).

If I were such a parent, I would seek the advice of a good lawyer to the extent possible. The military may have legal services available for victims of domestic violence.

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