Supervised visits rules are related to the topic of supervised visitations. Supervised visitations are arrangements where the non-custodial parent visits his/her child under supervision.
The non-custodial parent is the parent who does not reside with the child. The rules that need to be followed during supervised visitations are called supervised visits rules.
Notably, according to the Family Law Act (1975), it is in the best interests of the child to have meaningful contact with both his/her parents.
However, in some cases where a parents has exhibited violent behaviour towards the child, or the other parent, the Court will make orders for supervised contact.
The goal of supervised visits rules is to ensure the safety of the child when the non-custodial parent is spending time with the child.
If there is any reason to believe that the parent can pose a threat to the safety of the child, the Court will make orders for supervised visitations.
Supervised Visitations: How Does This Work?
There are two ways in which supervised visitations can work. Firstly, a known member of the family or a friend can supervise contact between the non-custodial parent and the child.
Secondly, the non-custodial parent and child can go to supervised visitations centres . These are types of child contact centres.
Supervised visitation centres are supervised by independent or neutral parties. These centres generally reflect a home-like environment. This is done to ensure that the child feels comfortable at all times.
Being in a familiar environment will make the visit smoother for both the non-custodial parent and the child. Importantly, supervised visits rules apply to both the parent in question and the supervisor.
Supervised Visits Rules: For The Parent
Supervised visits rules for the parent include certain points about how the parent must behave. Given below is a list of certain supervised visits rules for the parent:
- The parent should maintain a positive atmosphere when visiting the child. It is the parent’s responsibility to manage the child’s behaviour during the supervised visit.
- If the parent is going to a child contact centre, he/she must ensure that they plan their trip and reach on time.
- The parent should not discuss any court matter with the children. Moreover, he/she should not speak ill of the other (custodial) parent.
- Similarly, he/she should not speak negatively about the other party with the supervisor or anyone else who is present around the child.
- The parent can carry, if possible, nutrition-rich food for the child so as to enhance the experience of the visit.
Supervised Visits Rules: For The Supervisor
As mentioned above, the supervisor oversees the visit between the non-custodial parent and the child. Even the supervisor has to be mindful about certain things. Some supervised visits rules for the supervisor are as follows:
- The supervisor has to be present at all times during the visitation. It is their responsibility to ensure the safety and well-being of the child.
- He/she has to make sure that the parent visiting the child does not move out with the child. In other words, the supervisor will need to be able to see and hear everything throughout the duration of visitation.
- The supervisor may be required to write and submit a report. This report can include information like who attended the visit, what activities they partook in, etc.
- Overall, it is the supervisor’s duty to protect the child from any adverse event and to make sure that the child is having a positive time during the visit with the non-custodial parent.
Importantly, even the custodial parent has certain responsibilities in relation to supervised visits. The section below highlights some responsibilities of the custodial parent:
- The custodial parent should prepare the child for the visit with the child’s other parent;
- He/she should reach satisfactory agreements regarding the visit with the other parent.
- The custodial or primary parent should pack all essentials for the child prior to the visit.
- He/she must place emphasis on the child’s well-being and satisfaction and help create a positive environment.
Who Should Supervise: Child Contact Centres Vs. Family Member/Friend
Child contact centre:
As we mentioned in this article, both independent professionals from child contact centres and family members can provide supervision.
Generally, child contact centres will have a fee for such services. For example, private supervised visitation centres will cost around 200 AUD. These centres may allow supervised visits for up to 2 hours.
Child contact centres will generally have a home-like environment to facilitate the visit. Alternatively, many parties hire an independent supervisor who can supervise the visit in a neutral location.
This location can be a natural area to create a more natural environment between the non-custodial parent and child. The costs for such services also differ, and the rates are usually charged on an hourly basis.
Family member/friend:
Both parents will need to come up with arrangements. They will have to agree to choose a family member or a family friend to supervise the contact.
This option has no fees associated with it. Moreover, having a familiar face supervising the contact might help both the non-custodial parent and the child to feel more relaxed.
Ultimately, the type of supervised contact that the parents opt for depends on the agreements made between them.
JB Solicitors Advice On Family Law Matters
Family law matters are complicated. Issues involving supervised contact can be more stressful. This is because supervised visitations usually mean that one parent has been violent in the past. Alternatively, it could mean that the parent abuses drugs or alcohol.
In any scenario, there is a concern for the child’s safety. Our family lawyers at JB Solicitors have a wealth of experience in dealing with a variety of complex family law matters.
Our solicitors have proven their expertise by helping numerous individuals in the community. We are a team of community-oriented individuals who are passionate about the law.
Contact our team today.
