Where the non-custodial parent (NCP) has been accused of domestic violence, there is a risk of abduction, there is no existing relationship between the child and the non-custodial parent, or the non-custodial parent suffers mental illness, abuses substances, or lacks parenting skills, an access supervisor may be appointed by the court to oversee the visits of the child with the NCP. This is a contentious role that must be navigated very carefully in order to ensure success.

Often the NCP will put forward their friends or family to act as access supervisors. This is not a good arrangement for obvious reasons, even if the custodial parent implicitly trusts the chosen people. If there is a history of violence, either emotional or physical, friends and family may be bullied into allowing further abuse or turning a blind eye.

A professional access supervisor will act as a professional, third-party eye on the situation, and will often also assess the behaviour of the NCP to recommend further supervision. They are very well-trained in all aspects of access supervision, including first aid, conflict resolution, and dealing with high stress situations. They are also chosen for their empathy and ability to place the needs of the child first regardless of any other factors. (1)

Such supervised visits can be stressful on both parents and the child. They are usually only ordered when the court feels that it is absolutely necessary to do so. While the best interests of the child are at the heart of visits with access supervisors, it still is not the ideal situation. A well-trained access supervisor can help your family to navigate this situation seamlessly. (2)

Courts should be sensitive to multicultural situations and ensure that an access supervisor is appointed who speaks the language of the couple being supervised. In a case where another language is involved, negative interactions may be taking place without the knowledge of the access supervisor, leading to inaccuracies in the reports that the access supervisor gives on the interactions between parent and child. To overcome such an obstacle, the access supervisor will often develop a “safe word” system with the child where the child just says a predetermined phrase or word and the access supervisor immediately terminates the visit. (3)

Supervised access usually occurs in public places such as parks, shopping centres and restaurants rather than the NCP home out of consideration for the safety of both the access supervisor and the child. Often it is meant as a temporary measure with an eye towards giving the NCP unsupervised access in the future. Where a court does not feel that such access is possible, often on the advice of the access supervisor, they will terminate access altogether. The access supervisor’s role is not only important as a mediator should violent conflicts arise, but as an observer of parent/child relations that can accurately report back to the court and know when to recommend that the child may visit without supervision.

2- Approaches to Access Enforcement, Department of Justice, Government of Canada
http://www.justice.gc.ca/eng/pi/pad-rpad/rep-rap/2001_8/can3.html

3- Ontario Women’s Network on Custody and Access
Brief to the Federal, Provincial, Territorial Family Law Committee on Custody, Access and Child Support
http://www.owjn.org/custody/brief-e.htm