Supervised Visits Rules: Dos and Don’Ts

Supervised visits rules are a result of a parenting arrangement that wants to keep a child and a parent safe from harm. In some divorce cases, courts will impose supervised visits or contact visits if they discover that one or both parents are violent against a child. As the term “supervised” states, the violent parent will have someone supervise them every time they visit their children.

The courts impose such arrangements because they need to follow the Family Law Act 1975’s child’s best interests principle. This principle explains how children have the right to have a meaningful relationship with their family and protection from harm, such as family violence or psychological abuse.

Now, as a parent, you want to ensure that you can still spend time with your child without safety concerns. Regardless if you are the parent who needs supervision or not, you need to know the dos and don’ts of supervised visits rules.

Supervised Visits Rules: Who Does the Supervising?

Family Members

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. 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. 

Supervised Visitation Centres

Secondly, the non-custodial parent and child can go to supervised visitation centres. These are types of child contact centres. One example of a child contact centre is the Children’s Contact Services. You can read more about this service here.

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. Generally, child contact centres will have a fee for such services. For example, private supervised visitation centres will cost around 200 AUD. These centres allow supervised contact regularly and will usually last for about 30 minutes to two hours. 

How Do Visits Look Like?

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. Being in a familiar and safe environment will make the visit smoother for both the non-custodial parent and the child.

So, this is where we can highlight the pros of conducting visits in the child’s family home or a home where they feel safer. The place can also be somewhere where both you and the other parent have access to. A park is a good example where a child can spend supervised time with a parent or both parents.

We highly encourage parents to bring any food or conduct activities that cater to their child’s age.

Supervised Visits Rules: For The Parent

Supervised visit rules for the parent include certain points about how the parent must behave. Given below is a list of certain supervised visit rules for the parent:

1. The parent should maintain a positive atmosphere when visiting the child. It is the parents’ responsibility to manage the child’s behaviour during the supervised visit.
2. Parents are prohibited from talking about the court case and being under the influence of drugs and alcohol during the visit.
3. If the parent is going to a child contact centre, they must ensure that they plan their trip and arrive on time.
4. The parent should not discuss any court matter with the children. Moreover, they should not speak ill of the other (custodial) parent. 
5. Similarly, they should not speak negatively about the other party with the supervisor or anyone else who is present around the child.
6. 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. They should be aware of the full scope of the supervised service they will provide. Some supervised visits rules for the supervisor are as follows:

1. 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. 
2. 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 the visitation.
3. The supervisor may be required to report to the court on how supervised time is going for evidence purposes in family law proceedings.
4. 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:

1. The custodial parent should prepare the child for the visit with the child’s other parent;
2. He/she should reach satisfactory agreements regarding the visit with the other parent.
3. The custodial or primary parent should pack all essentials for the child prior to the visit.
4. He/she must place emphasis on the child’s well-being and satisfaction and help create a positive environment. 

JB Solicitors’ Advice On Family Law Matters

Family law matters are complicated, and issues involving supervised contact can be more stressful. This is because supervised visitations usually mean that one parent has been violent in the past. It could also 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 a family lawyer today if you have any questions on how supervised time can work for you.