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A Judge’s Guide

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RECURRING ISSUES<br />

supervisor is present for the entire visit, and is able to observe all activity and hear<br />

all conversation. 11<br />

A less restrictive visitation service is exchange supervision. 12 This service only<br />

provides supervision during the transfer at the start and end of visits. 13 Exchange<br />

supervision is appropriate when the risk to child safety is less severe. 14<br />

Additionally, exchange supervision can be used when the child is upset about the<br />

transfers. 15<br />

Other forms of supervised visitation include multiple family group visitation and<br />

therapeutic supervision. Multiple family group visitation typically occurs at a<br />

visitation center. The supervisor monitors several families and likely will not see<br />

all interactions or hear all conversations. 16 Therapeutic supervision uses trained<br />

mental health professionals to provide supervision and work with the family to<br />

promote improvement in family relationships. 17<br />

If no supervised visitation<br />

program is in place in a<br />

particular jurisdiction, the<br />

visitation order must<br />

coordinate the resources that<br />

are available to meet the<br />

child’s needs. The first<br />

objective is selecting a<br />

supervisor. An appropriate<br />

supervisor must be someone<br />

who can remain neutral in the<br />

situation and adequately<br />

monitor the visiting parent. 18<br />

While it is important that the<br />

custodial parent trust the<br />

supervisor, it is also important<br />

that the visiting parent does<br />

not have an antagonistic<br />

relationship with the<br />

supervisor. 19 Supervisors are<br />

generally either friends and<br />

family members or<br />

community members.<br />

Since family and friends are<br />

often emotionally invested in<br />

the present situation,<br />

community members may<br />

provide more neutral<br />

FAMILY OR FRIEND SUPERVISOR<br />

1. Is the individual neutral?<br />

• Will the supervisor report adequately and<br />

honestly about the visiting parent’s behavior?<br />

• Is there animosity between the supervisor and<br />

visiting parent?<br />

• Is the supervisor afraid of the visiting parent?<br />

2. Can the supervisor protect the child?<br />

3. Is the individual adequately mature to<br />

supervise?<br />

4. Will the supervisor be present during the entire<br />

visit?<br />

5. Is the supervisor available and willing to<br />

supervise?<br />

6. The supervisor should NOT be chosen if the<br />

custodial parent has concerns about his or her<br />

qualifications.<br />

7. The supervisor should NOT be the custodial<br />

parent.<br />

Adapted from Robert B. Straus, Supervised<br />

Visitation and Family Violence, 29 FAM.L.Q.<br />

229-52 (1995) and NANCY K.D. LEMON,<br />

DOMESTIC VIOLENCE AND CHILDREN:<br />

RESOLVING CUSTODY AND VISITATION DISPUTES,<br />

ANATIONAL JUDICIAL CURRICULUM 57-68.<br />

119 119

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