Full question:
I have been appointment to supervise the weekend visitations of my son with his daughter. He feels he can take her and go do what he wants as long as he tells me where he's at and what he is doing. Is this true?
- Category: Divorce
- Subcategory: Visitation
- Date:
- State: Wisconsin
Answer:
Those charged with supervision duties are responsible for monitoring visits between children and their parents to ensure that visits are in accordance with visitation restrictions specified in court orders and in instructions from the assigned Case Manager. Generally, the presence of the supervising party is required. While they may not be required to be in the same room, they should be near enough to be able to hear if a problem arises. We suggest contacting the court that issued the visitation order for clarification on the guidelines to be followed, as expressed in the order.
Please see the following portion of a WI statute:
(g) If the court finds under sub. (2) (d) that a party has engaged in a
pattern or serious incident of interspousal battery, as described under s.
940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (am),
and the court awards periods of physical placement to both parties, the
court shall provide for the safety and well-being of the child and for the
safety of the party who was the victim of the battery or abuse. For that
purpose the court, giving consideration to the availability of services or
programs and to the ability of the party who committed the battery or abuse
to pay for those services or programs, shall impose one or more of the
following, as appropriate:
1. Requiring the exchange of the child to occur in a protected setting or
in the presence of an appropriate 3rd party who agrees by affidavit or
other supporting evidence to assume the responsibility assigned by the
court and to be accountable to the court for his or her actions with
respect to the responsibility.
2. Requiring the child's periods of physical placement with the party who
committed the battery or abuse to be supervised by an appropriate 3rd party
who agrees by affidavit or other supporting evidence to assume the
responsibility assigned by the court and to be accountable to the court for
his or her actions with respect to the responsibility.
See also:
http://wctf.state.wi.us/home/AV%20Guidelines.htm
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
