A Judge’s Guide

RECURRING ISSUES
Denying or Restricting Access
As a general rule, access should be denied or restricted only if it is likely to
endanger the child’s physical or emotional health. 5 The most common situations
involve including domestic violence and child abuse. Today, most states require
courts to consider the safety of domestic violence victims and their children when
making visitation decisions. 6 Both the National Council of Juvenile and Family
Court Judges 7 and the American Bar Association have reached similar
conclusions.
If measures can be taken to enhance the safety of children and the custodial
parent during periods of visitation, access may be restricted and not denied.
Subject to limitations in your state law, courts might:
• Order the exchange of the child to occur in a protected setting.
• Order supervised visitation (and consider assessing the fee against the
perpetrator).
• Order the perpetrator of violence to attend counseling.
• Order the perpetrator to abstain from the possession or consumption of
alcohol before (24 hours) and during visitation.
• Prohibit overnight visitation.
• Require a bond for the safe return of the child. 8
In more extreme cases, and subject to the limitations of your state law, courts
might even consider visitation by telephone, audio or videotape, photographs,
letters, and other means of communication.
Supervised Visitation Models
Highly contested custody disputes create tension between the promotion of
parent-child relationships and the protection of children. Issues such as
allegations of child abuse, domestic violence, and alcohol or drug dependency
complicate visitation orders. Supervised visitation creates a viable option when
concern is raised about the child’s safety. Ordering supervision ensures children
protection without permanently severing the parent-child relationship.
Supervised visitation programs provide several types of services, including one-onone
visitation (which can include off-site monitoring), exchange visitation,
multiple family group visitation, and therapeutic supervision. 9 A more restrictive
form of visitation is required when concern is raised over child safety or parental
manipulation of the child. One-to-one visitation, which provides for the presence
of a supervisor during the entire visit, is the most restrictive service offered. 10 The
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