Divorce: Supervised Access and Noncustodial Parents

At time the reason for divorce and separation may leave a bitter relationship between spouses. And as such this may result in difficulties at the time of the exchange of the child between parents, the parent and a relative, for example, grandparent tec. Further, there may be concerns about the visits themselves.

The term access can be used interchangeably with the phrase parenting time. Access allows a parent to have time with their child. Supervised access however, is when all visits conducted by the non custodial parent or parent with access and their children are done or happen at a facility where such visits are supervised by social workers or volunteers. Supervised access is ordered by the court so that a parent’s access time with their child is supervised. This further means that the child will not be alone with that parent.
 
The basic objective of supervised access is to: 

• provide a safe, neutral and child-focused setting for visits between a child and a noncustodial parent or other family member
• ensure the safety of all participants including staff
• provide trained staff and volunteers who are sensitive to the child's needs
• provide security to the child where there is risk of abduction

 
Such access maybe ordered where there are concerns about or disputes over the custody and access to the child. Supervised visits are thus appropriate in cases where there is a concern about the child’s safety and or the safety of the custodial parent. Some causes for concern that could lead to supervised visits are:
 

• a history of mentally, physically or sexually abusing of a child 
• a parent who has had no contact with a child for a long time
• a parent who has limited parenting skills

 
A judge will make an order for supervised access if he or she is concerned with how an access parent might behave while he or she is with the child. It is likely that the location of the supervised visits will vary, they may take place at the access parent’s home or in a supervised center. Such visits will have someone else present, to supervise, when the access parent and child are together.

The centers provide a location in which visits and exchanges may take place under the supervision of trained staff and volunteers. Such access is necessary to ensure that contact between child and parent as well as between parents is maintained or redeveloped. Further, supervised access may be set for a fixed term and thereafter unsupervised access will begin.
 
In extreme cases access may be denied by the court. One example is where there has been serious child abuse and the abusing parent is requesting access but refuses to seek treatment. It must be noted that custodial parents do not have the right or the authority to control or limit the access visits and rights enjoyed by the access parents. Further, it must also be noted that a failure to pay child support does not authorize the custodial parent to refuse access to the non-custodial parent.

For more information on divorce in Toronto contact a law firm of professionals.

For an Ontario divorce lawyer, the author recommends the Bluetown Law Firm.

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