Supervised visitation
Encyclopedia
Supervised visitation allows parents in high conflict or high risk situations access to their children in a safe and supervised environment. The noncustodial parent
has access the child only when supervised by another adult. Supervised visitation is used to protect children from potentially dangerous situations while allowing parental access and providing support for the parent child relationship.
, residence
, or contact
. Most courts, including American and European, will allow the parent who does not have primary custody or noncustodial parent
to have specified visitation and access to the child. In America the parents must establish a parenting plan
setting out specific details. If the parents are not able to agree, the court may order specific possession and access or may appoint a parenting coordinator
to assist the parents. The United States recognizes that parents have a constitutional right to their children (See Troxel v. Granville
), even when the parent is accused of conduct that is dangerous to the child.
, and child abduction
(International child abduction in Japan) becomes a growing concern.
. Supervised visitation bridges the gap between keeping the child safe and supporting the family relationship and parental rights. One constant, world wide, is that supervised visitation has few legal guidelines as little legislation addresses it directly. However, many courts and state departments have set guidelines regarding supervised visitation.
Professional supervision providers will cost more, but the benefits are great.
. Many providers also document visits and maintain visit records. There is controversy over what, if any, records may be used in court. Documentation can be very helpful for parents needing to prove or disprove conduct, such as parent alienation.
or any party being supervised may feel resentful and nervous. Some feel angry at having to pay to see their children. Having a good attitude is important for making the most of the visit. Also preparation is key.
The custodial parent must also prepare. Attitude is key.
The visit will go much smoother with special care to prepare the child.
Noncustodial parent
A "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
has access the child only when supervised by another adult. Supervised visitation is used to protect children from potentially dangerous situations while allowing parental access and providing support for the parent child relationship.
Legal status
Most countries recognize a parent's right to children, called visitationVisitation
Visitation may refer to:In history:* Heraldic visitation, tours of inspection to establish the right of a person to bear arms, and are used today in genealogical research.In law:...
, residence
Residence
The term residence may refer to:* House* Home* Nursing home* Residence in English family law, pertaining to where children should live in the case of disputes* Habitual residence, a civil law term dealing with the status of refugees, and child abduction...
, or contact
Contact (law)
In family law, contact is one of the general terms which denotes the level of contact a parent or other significant person in a child's life can have with that child...
. Most courts, including American and European, will allow the parent who does not have primary custody or noncustodial parent
Noncustodial parent
A "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
to have specified visitation and access to the child. In America the parents must establish a parenting plan
Parenting plan
A Parenting Plan or Custody Agreement is required by the district court along with divorce paperwork when parents divorce or separate. A Parenting Plan allows parents to avoid future conflicts arising from a lack of guidelines in dealing with responsibilities relating to the children...
setting out specific details. If the parents are not able to agree, the court may order specific possession and access or may appoint a parenting coordinator
Parenting coordinator
Parenting coordinator is a relatively new practice that is used, in some US states, to manage on-going issues in child custody and visitation cases by professional psychologist or a lawyer assigned by the Court...
to assist the parents. The United States recognizes that parents have a constitutional right to their children (See Troxel v. Granville
Troxel v. Granville
Troxel v. Granville, 530 U.S. 57 , was a case in which the Supreme Court of the United States, citing a constitutional right of parents to rear their children, struck down a Washington state law that allowed any third party to petition state courts for child visitation rights over parental...
), even when the parent is accused of conduct that is dangerous to the child.
Purpose
The purpose of supervised visitation is to provide a safe and neutral environment for children to have a relationship with parents, and is often used in high conflict situations. Many courts take the position that it is better to make an error that protects the child as opposed to leaving a child at risk. There are many reasons supervised visitation may be needed:- domestic violence,
- sexual abuse,
- drug abuse,
- mental illness,
- risk of international abduction,
- general risk of child abductionChild abductionChild abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
, - neglect,
- adoption,
- Parent alienation
- any other potentially dangerous family situations. This is true worldwide, for example, Child Contact CentreChild contact centreA contact centre is a place where a non-resident parent may have supervised contact with his or her children. Its primary role is to support and promote contact between those parents, grandparents, guardians and children that do not have a Residence Order .Use of a contact centre may be ordered by...
in England and Angel House in Texas have a similar purpose. While many countries have signed the Hague ConventionHague ConventionThe Hague Convention may refer to:* Hague Conventions , among the first formal statements of the laws of war and war crimes in international law...
which requires the return of victims of international abduction, the best measure is prevention.
Types
Supervised visitaion has many forms, including one-on-one supervision, group supervision, neutral or monitored exchange, telephone or video monitoring, and therapeutic supervision. .- One-on-one supervision is when a one parent and that parent's children are supervised alone, but some providers allow guest to also attend.
- Group supervision may include several parent-child groups in a larger areas, supervised by one or more monitors.
- Neutral or monitored exchange allows parents to pick up and drop off, or exchange the child for changes of possession, without direct contact with each other, minimizing conflict.
- Telephone or video monitoring has become more popular as people move around the world more, allowing for monitoring of telephone, videoconferencing, and other virtual visitation.
- Therapeutic supervision involves either visitation being monitored or assisted by a trained psychologist or social worker, especially valuable when the children are emotionally unable to visit the noncustodial parentNoncustodial parentA "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
without a strong emotional reaction, or when dealing with parental alienation syndromeParental alienation syndromeParental alienation syndrome is term coined by Richard A. Gardner in the early 1980s to refer to what he describes as a disorder in which a child, on an ongoing basis, belittles and insults one parent without justification, due to a combination of factors, including indoctrination by the other...
.
World wide
Supervised visitation is growing worldwide as the protection of children from child abuseChild abuse
Child abuse is the physical, sexual, emotional mistreatment, or neglect of a child. In the United States, the Centers for Disease Control and Prevention and the Department of Children And Families define child maltreatment as any act or series of acts of commission or omission by a parent or...
, and child abduction
Child abduction
Child abduction or Child theft is the unauthorized removal of a minor from the custody of the child's natural or legally appointed guardians....
(International child abduction in Japan) becomes a growing concern.
. Supervised visitation bridges the gap between keeping the child safe and supporting the family relationship and parental rights. One constant, world wide, is that supervised visitation has few legal guidelines as little legislation addresses it directly. However, many courts and state departments have set guidelines regarding supervised visitation.
Who supervises
Since there are few guidelines, who supervises depends on the provider. Friends or family members may be ordered or agree to supervise, or be present during the visit. Professional providers may also be used, depending on the court order.- One obvious drawback to friends and family members as supervisors is the quality of supervision and their dedication.
- Friends and family members may not be able to keep the child safe and may not feel comfortable confronting the noncustodial parentNoncustodial parentA "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
if issues arise. - If the friends or family of the custodial parent are supervising, the noncustodial parentNoncustodial parentA "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
and the child may be inhibited from fully participating in the visit.
Professional supervision providers will cost more, but the benefits are great.
- Most professional providers, world wide, will have some sort of intake and documentation process, especially if they are members of the Supervised Visitation Network.
- Many providers have a location set up for visits and may be willing to go off-site to parks and other places fun for children.
- Professional supervisors are trained to handle emergencies and do not avoid confrontation.
- Professional monitors work to be sure the visit is neutral and open for the child to have fun with the noncustodial parentNoncustodial parentA "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
. - Professional providers will maintain a supervised environment for the duration, usually documenting the visit.
Records
Most professional providers require intake forms or an application and maintain intake records. Privacy is of utmost concern, especially when there is a history of domestic violenceDomestic violence
Domestic violence, also known as domestic abuse, spousal abuse, battering, family violence, and intimate partner violence , is broadly defined as a pattern of abusive behaviors by one or both partners in an intimate relationship such as marriage, dating, family, or cohabitation...
. Many providers also document visits and maintain visit records. There is controversy over what, if any, records may be used in court. Documentation can be very helpful for parents needing to prove or disprove conduct, such as parent alienation.
Prepare for Visits
Sometimes the noncustodial parentNoncustodial parent
A "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
or any party being supervised may feel resentful and nervous. Some feel angry at having to pay to see their children. Having a good attitude is important for making the most of the visit. Also preparation is key.
- Bring food (check policies) if there is a mealtime during visit or it is a long visit.
- Plan activities the child will like.
- Stay focused on the child.
- Plan to meet the child's needs.
- Do not discuss the case.
- Do not speak negatively about the other parent or family.
The custodial parent must also prepare. Attitude is key.
- Encourage the child to have fun.
- Say good bye quickly.
- Do not interrogate the child after visits.
- Do not discuss the case.
- Do not speak negatively about the other parent or family.
- Let the child be comfortable having fun with the noncustodial parentNoncustodial parentA "noncustodial parent" is a parent who does not have physical and/or legal custody of his/her child by court order.A "child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term...
. - Prepare the child for the visit by letting them know general policies of the provider for their safety and protection.
- Introduce the child to the provider.
- Let the child know you want them to have fun.
The visit will go much smoother with special care to prepare the child.