Sometimes, a court will order supervised contact between a parent and a child, or sometimes, co-parents may agree to voluntarily set up a supervised contact regime for parenting time. Either way, there are essentially three options for supervised contact: it can take place at Government-funded contact centres, through private supervision organisations, or through engaging a relative or friend to act as supervisor. So what are the key differences between these options? Let’s take a look.
All children have the need for a meaningful relationship with each parent, however they must also be protected from risk of harm (whether physical or psychological). Supervised contact is a way to enable a parent-child relationship to be managed in a safe environment (usually only for a limited period of time). It can also be useful if a parent has had a long period of absence from a child’s life, enabling a gradual reintroduction.
Different kinds of supervised contact
Supervised contact that takes place in a specialised centre can be undertaken through a children’s contact service, which is publicly funded, or it can occur through a privately funded contact service. Government funded centres typically offer discounted rates and are means-tested, but there can be a long delay to access services due to high demand. By contrast, private centres are usually more readily available, but there is a higher cost. Private services may also offer more mobile options, rather than being restricted to supervision at a service centre.
Alternatively, if mutually-agreed or court-ordered, a family member or friend might be engaged to act as a responsible third person to be present when a parent spends time with the child. In such cases, the supervisor needs to be a trusted relative or friend and must be someone who is actually capable of fulfilling the role.
What does the role require?
The supervisor, whether a professional or not, must ensure the kids are spending time with the parent in a safe environment. They must monitor interactions and conversations between the parent and child and thus must remain very close by at all times—within sight and earshot of the child. They must be able to step in and cease time if there is any inappropriate conduct or if the child is distressed. The child cannot at any time be left alone with the parent.
Professional supervisors offer the advantage of being completely objective and well-trained on appropriate vs inappropriate behaviours. They also take notes and record how visits go and can provide a written report which can be used in court proceedings.
On the other hand, a trusted family member or friend can offer more flexibility, enabling supervised contact to take place in more naturalistic settings than a contact centre. It may also help the child feel more comfortable if they are together with a known, trusted person, rather than a stranger providing supervised contact.
The downside of enlisting the help of a family member or friend to act as supervisor is that it is not a paid position, and the supervisor must be willing to commit to the obligations of the role, including covering their own expenses (eg. travel costs). They need to be prepared to support the relationship between the parent and child, so must be able to remain quite objective. They must be able to say no to the parent they are supervising, and not, for example, have any overwhelming fear of them.
They also need to be able to take a back seat and allow the parent and child to interact, which may be difficult if the child wishes to engage with a family member or friend. They need to be able to terminate supervision if they have concerns over the child’s safety or if the child is distressed. And the supervisor needs to be willing and able to be a witness in court if needed.
What if your co-parent seeks supervised contact?
It can be upsetting to be forced to have supervised contact by a court. Like wearing a bad parent sign around your neck, it can feel like a damning indictment of your parenting abilities. However, it is better than no time and can be a good way to redeem yourself for a history of bad parenting choices, as you will have an objective third party able to confirm positive visits. Even if you don’t agree you were a bad parent, going along with this allows water under the bridge laying the groundwork for improved arrangements down the track.
Sometimes, if you have been out of your child’s life for whatever reason, it can also be a good way to rebuild your relationship with them.
But before you agree to have your parenting time supervised, or if you need advice on whether to seek an order for your co-parent to spend supervised time with your kids, make sure you get some legal advice. You may also like to read about how family law reform is tackling the issue of improving regulatory oversight of children’s contact service delivery standards.
If you would like to discuss your options for supervised contact, please contact Cristina Huesch or one of our other experienced solicitors here at Alliance Family Law on (02) 6223 2400.
Please note our blogs are not legal advice. For information on how to obtain the correct legal advice, please contact Alliance Family Law.
