A Judge’s Guide
A Judge’s Guide
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