A Judge’s Guide

RECURRING ISSUES
a preference”; and 9) evidence of domestic violence or child abuse, or evidence
“that any party has knowingly provided false information to the court regarding a
domestic violence proceeding.” 2
By contrast, the entitlement approach presumes that noncustodial parents have a
right to visitation. 3 This right can be restricted only after a finding that visitation
would endanger the child. 4 Other states use a combination approach.
Types of Visitation Orders
Visitation orders range from highly flexible to highly specific or restrictive.
Visitation arrangements should be determined according to the particular
circumstances of the case. For example, in custody cases involving domestic
violence, specific orders are best so that they are more easily enforceable by courts
and the police.
Orders that explicitly provide for reasonable visitation allow great flexibility.
Success of such arrangements depends on frequent and productive
communication between the parents, and a willingness to be flexible and
respectful of parent-child relationships. Therefore, if disagreements frequently
arise, or the parties are unwilling to compromise, reasonable visitation should not
be specified in the order.
Providing a specific visitation schedule is an alternative to ordering reasonable
visitation. The needs of the child should be paramount when creating the
visitation schedule, while the parent’s scheduling needs should be considered as
well. A specific visitation schedule can reduce the need for contact between
parents and is easier to enforce than reasonable visitation.
Since the schedule is designed to provide notice to the parents of the visitation
guidelines and specification, it is inherently less flexible. Therefore, specific
visitation schedules create problems if unforeseen circumstances alter the parent
or child’s needs. A provision that addresses potential modifications could be
included.
In situations of high conflict, a restriction such as supervised visitation may be
appropriate. Supervised visitation requires that a third party be present during the
visit to ensure the safety of the child. This restriction allows the child to maintain
a safe relationship with the visiting parent. However, if supervised visits cannot
ensure the safety of the child or custodial parent, denial of visitation may be
appropriate.
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