A Judge’s Guide

RECURRING ISSUES
Supervised visitation is often awarded in cases where the parent is found to have
molested a child. 131 While the accused parent generally prefers to be supervised by
a friend or family member, those close to the accused parent “may not be
appropriately vigilant or supportive of the child.” 132 Appointing a professional or
disinterested third party as the supervisor may be preferable. 133
Since investigations into sexual abuse allegations of younger children are often
inconclusive, the court must develop a visitation arrangement designed to foster a
healthy parent-child relationship while protecting younger children. Such an
arrangement might include, for example, provisions for shorter visits with no
overnight stays.
QUESTIONS TO CONSIDER WHEN CONFRONTED WITH SEXUAL ABUSE,
CHILD ABUSE, OR DOMESTIC VIOLENCE ALLEGATIONS
• How old is the child?
• Is there sufficient evidence of danger to the child’s physical and emotional health?
• Would unsupervised visitation have a detrimental impact on the child?
• Was the investigation conclusive?
• Would supervised parental contact benefit the child?
• What approach of care does the supervised program implement?
Sandra K. Hewitt, Therapeutic Management of Preschool Cases of Alleged but
Unsubstantiated Sexual Abuse, 70 (1) CHILD WELFARE 59, 61-64 (1991).
Mediation
Family law statutes across the country are increasingly incorporating mandatory
mediation requirements for child custody disputes. 134 Mediation has been
promoted as a favorable alternative to litigation because it allows both parents to
actively participate in the design of the custody arrangement. 135 Yet, effective
mediation depends upon voluntary participation and a presumption that each
party has equal bargaining power and an equal stake in the outcome. 136 In cases
involving domestic violence, the abusive relationship presents an uneven playing
field. The victim of domestic violence often lacks sufficient resources to obtain
legal counsel and may readily sacrifice economic entitlements for custody of the
children. 137 Some states, recognizing that mediation may not be a viable option
for cases involving domestic violence, have specifically excluded such cases from
mandatory mediation requirements. 138
135 135