SUPERVISED VISITATION

Reviews of case files for 676 families who received supervised visitation services at one of four programs and interviews with 201 participating parents provide a portrait of the families receiving services, their experiences, and the outcomes. Programs successfully serve a wide variety of families and garner high ratings of user satisfaction, but half of the families exit without formal closure. Families that drop out receive fewer court hearings and evaluations for the problems that brought them into the programs in the first place, suggesting that they may feel neglected. In most cases that formally exit the program, the visitation situation improves over time, although interviewed parents give mixed reports about their visitation situations after they leave the programs.     

SUPERVISED VISITATION A Profile of Providers

Surveys with 94 administrators of supervised visitation programs, 51 family court judges, and 40 administrators of child protective services agencies provide a national picture of supervised visitation services, their utility, and areas of unmet need. Although the programs are perceived to fill an important need, they struggle to survive financially, particularly those that handle family court cases. In addition, because many programs operate without adequate access to the assessment and treatment services that some families need, judges frequently want visitation supervisors to assist them in determining suitable custody and visitation arrangements, a role that supervised visitation programs do not feel is appropriate. Many different types of entities provide effective supervised visitation services; many different service formats work. Architects of new programs should fashion services that use local resources to maximum advantage.     

A MODEL FOR A SUPERVISED VISITATION PROGRAM

This article describes the Supervised Visitation Project run by the Victim Assistance Program of Akron, Ohio, a project that enables children to meet safely on a regular basis with their otherwise inaccessible noncustodial parents. This article establishes a need for supervised visitation, offers a structure for such a program, profiles clientele and staff, explains the available services–visitation, evaluation, mediation, and therapy/support–and presents conclusions based on the experience of the Akron program and the comparison and contrast of three other existing programs.     

A COMPELLING NEED FOR MANDATED USE OF SUPERVISED VISITATION PROGRAMS

Courts are frequently confronted by circumstances that do not justify termination of all contact with a parent, yet present legitimate concerns regarding the physical, emotional, or mental health of the child. Supervised visitation programs afford such parents and their children the opportunity to preserve the emotionally vital parent-child relationship while protecting the child, and sometimes the other parent, from harm. As the number of children deemed to be at risk continues to rise, demand for supervised visitation services steadily exceeds supply. This article proposes that all states should make supervised visitation programs universally available by enacting legislation that provides for their creation, regulation, and funding, together with clearly defined guidelines that mandate participation in supervised visitation programs whenever specific risk factors are present.     

SUPERVISED VISITATION: A CALL FOR A SECOND GENERATION OF RESEARCH

With the divorce rate rising and related child visitation disputes becoming an increasingly difficult issue before the courts, supervised visitation programs have proliferated over the last decade. The literature demonstrates that ongoing contact between children and both parents following separation and/or divorce is important for children's socio‐emotional adjustment and positive child/parent relations. However, there is a paucity of literature demonstrating a relationship between supervised visitation programs and child/parent relationship outcomes. Based on the lack of outcome research the authors argue for a second generation of research regarding intended and unintended consequences of supervised visitation. This article reviews and synthesizes the current literature, highlighting strengths, limitations, significant findings and proposes a critical need for evidence‐based research.     

STANDARDS AND GUIDELINES FOR SUPERVISED VISITATION NETWORK PRACTICE: INTRODUCTORY DISCUSSION

In 1996, members of the Supervised Visitation Network approved initial standards and guidelines for practice. The approach taken was to develop standards of good practice that could be both educational and advisory. It was recognized that the standards as approved were a start and also that they would need to be revised with time and experience. That review is currently in process. The standards and guidelines are published here to reach practitioners in the field, including attorneys and court personnel whose clients require supervised visitation, and to encourage comments and debate. This introduction reviews the evolution of the guidelines, outlines the contents, and identifies areas needing further development.     

RAISING THE BAR: WHY SUPERVISED VISITATION PROVIDERS SHOULD BE REQUIRED TO MEET STANDARDS FOR SERVICE PROVISION

The New York Society for the Prevention of Cruelty to Children (NYSPCC) has provided a supervised visitation program (SVP) for high‐risk families for almost two decades. Parents needing supervised visitation often have histories of domestic violence, child abuse and neglect, mental illness or substance abuse, therefore providers delivering services must be adequately trained and supervised in order to protect the child from further harm during the visitation process. This article describes the need for SVP's, parental issues warranting consideration, the special needs of children in these circumstances, policy recommendations for provider standards, and a certification process to be developed and adopted in New York State.     

DOMESTIC VIOLENCE AND EMPOWERMENT IN CUSTODY AND VISITATION CASES

This article reports a State Justice Institute funded research project attempting to demonstrate the difference between mediation and evaluation disputes over child custody, and visitation where domestic violence is involved. The researchers attempted to develop samples at two courts—Hennepin County Circuit Court in Minneapolis, Minnesota, and Multnomah County Circuit Court in Portland, Oregon.     

SUPERVISED ACCESS

This article addresses the question of whether long-term supervised access is an appropriate solution when unsupervised access is unlikely to become possible in the future. The article assesses judicial decisions and theoretical commentary on this issue in light of the opinions and practices of service providers and in light of the best interest of the child standard. The opinions and practices of service providers were gleaned from published materials and from interviews with service providers at supervised access facilities in Vermont and New Hampshire and in Ontario, Canada. The supervised access facilities surveyed for this research were diverse in their practices and experiences but remarkably similar in their approach to long-term supervised access. Outside the scope of the research for this article was the question of whether the opinions and practices of the service providers at the facilities surveyed are representative, and this question requires further investigation .     

GRANDPARENT VISITATION RIGHTS

In recent years, legislators in all fifty states have given grandparents rights to petition for visitation privileges with grandchildren that can be enforced over parental objections. Grandparent visitation rights reflect an effort to protect meaningful relationships children enjoy with nonparental caregivers, enlist the assistance of extended family when the child's nuclear family is disrupted, and defend the interests of grandparents themselves. This psycholegal analysis explores the direct and indirect consequences of grandparent visitation statutes for family functioning. Statutory provisions are summarized, and the effects of these statutes are evaluated in light of what is known about the role of grandparents in child development, how courts evaluate children's "best interests" in grandparent visitation disputes, and how these statutes can alter family functioning in informal ways. The authors conclude that there are risks as well as benefits to children and families in grandparent visitation statutes, and suggest directions for procedural and statutory reform.     

SUPERVISED CHILD ACCESS

Responding to demand from separated parents and courts for ways to manage intractable child access disputes, services that supervise parent-child contacts are emerging across the United States and Canada. This article traces the evolution of this new social service, describes programs, and presents practical issues.     

RESISTANCE TO VISITATION

The authors argue that current formulations of the problem of resistance to visitation in separation and divorce are conceptually weak because they fail to take into account the adversarial influence of the legal paradigm. First- and second-order change theory is used to clarify the problem, and a new formulation is proposed that shifts the focus from the parent and/or child exclusively to the resistance dynamic as a whole. General guidelines for intervention are proposed based on a holistic, participatory model that takes into account the tensions involved in working toward compliance while upholding the best interests of the child.     

VISITATION AND DOMESTIC VIOLENCE

with increasing frequency, courts and legislatures are focusing attention on visitation disputes in which there are allegations of domestic violence. This article explores the requirements for a careful assessment of the domestic violence issues, theparenting capacities of the adults, and the coping skilk of the children. It then proposes a decision-tree model of access recommendations that incorporates the information gatheredfmm the evaluation procedures.     

CHILDREN IN CONCILIATION THE EXPERIENCE OF INVOLVING CHILDREN IN CONCILIATION

Conciliation services in Scotland have developed rapidly since the first service, Lothian Family Conciliation Service (LFCS), was set up in Edinburgh in 1984. Conciliators in Scotland work principally with parents, but wherever possible involve children in the process. The author monitored and evaluated this work over two years. This article outlines the context of conciliation in Scotland, briefly describes the LFCS and presents the research findings on the service's involvement with children.     

VISITATION AND CHILD SUPPORT GUIDELINES

Fabricius and Braver argue that nonresident fathers incur appreciable visitation expenses and that their child support obligations should be reduced accordingly. To assess whether fathers incur "appreciable" expenses requires data from mothers and fathers on expenditures in dollar terms rather than data from college students on items kept in the nonresident father's house. The Fabricius and Braver data also overstate the degree to which all divorced fathers do anything for their children. Representative data indicate that father visitation declines substantially over time. Father's postdivorce, post–child support standard of living remains twice that of mothers and children. The cliff model—making adjustments for visitation only in the rare cases of very high shared physical custody—is sensible policy.     

EMPOWERING CHILDREN IN MEDIATION

The available research in the mediation arena regarding child custody disputes indicates a lack of and growing need for effective intervention techniques. The authors present practicing mediators with a specific intervention model for interviewing, safeguarding, and empowering children in the process of mediating custody disputes. The mediation model utilizes a structured, strategic, and process-oriented approach with a family systems theoretical orientation and may be used in private or court-connected settings. The model presented here goes beyond the child-centered interview norm to the inclusion of the child in the process to assist parents in decision making. The model supports the current California statute under Family Code Section 3023, which states that "if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall consider and give due weight to the wishes of the child in making an award of custody or modification." The model does, however, maintain the position that the final decision continues to lie with the parents or the courts and not the child.     

CHILDREN IN CHANGING FAMILIES

An extensive body of research has demonstrated that children in families touched by separation and divorce face considerable turmoil in their young lives. This article describes the results of a pilot study of a group curriculum aimed at ameliorating the negative effects of divorce and family instability for children ages 9 to 12. Based on the ratings of parents, many children benefit noticeably from the program, especially those with less self-expression, low self-esteem, and more behavioral problems before the program. Teachers, however, often observed no difference in the classroom behavior. The limitations of the study are discussed and caution is recommended in interpreting the findings .