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by Jim vanEckThe following frequently asked questions (FAQ's), represent the most commonly asked questions, but is by no means complete. I invite you to offer your own for future revisions. Q: What is a Supervised Visitation Monitor (SVM)? A: A SVM is a Master level degreed professional with a background in human services involving but not limited to social work, education, mental health, law enforcement, rehabilitation, etc. Q: Why do I need a SVM? A: Because the Family Court orders it. However, you and your attorney may be able to substitute a family member/relative/friend acceptable to the other side or the Family Court if the level of supervision does not require a trained professional. Q: What does a SVM do? A: Duties may vary according to the type of supervision ordered, but ordinarily is limited in that a SVM is a trained observer who assures that the order and intent of the court is followed as faithfully as possible. The SVM will assess the parent's skills at attending to the child's welfare and devoting his/her time to developing a positive relationship. SVM's are sociable without being social. They are not part of the visit; they need not be entertained. I suggest that parents simply act as they would were the SVM not present and in effect ignore the presence of the SVM. If a SVM has a concern, they will mention it. If not they may, depending on the nature of the supervision be nearly invisible in the course of the parents' interaction with the child. Q: If a family member can act as a SVM, why do I need to pay a professional? A: Normally, supervision requires a professional level of monitoring where there are allegations of abuse, molest or alienation. However, in cases involving concerns for the child's response to reunification or where the non-custodial parent is functionally limited and poses no threat to the child's welfare, a family member or friend may adequately provide a lower level of supervision called Peer Monitoring. However, this is ultimately the decision of the Judge if the parents and their attorneys, cannot agree to a non-professional monitor. Q: Just like that? A: Pretty much, although training may be required. Our organization offers a 3 hr. Peer Monitor Training session to familiarize family members with the needs of low-level supervision. Information is provided at the end of our provider list page. Q: How do I contact a SVM? A: A list of approved SVM's is available on this website, through the Family Court Self Help Center on Power Inn Road or by calling 916/531-9600 Q: How much does a SVM charge? A: Cost can vary from $25 to $100 per hour depending on the level of supervision required and the agency involved. Q: Why so much? A: Mostly, Supervised Visitation is very much like counseling; in that certain guidelines and standards of practice exist that require a trained eye to monitor effectively. Even though a SVM may appear casual or unobtrusive in their observing duties, they must remain alert for concerns and conditions recognized by the court, and at some point be required to report, intervene or testify to what occurred or describe how the visits are progressing. It is that trained eye that represents the fundamental cost of supervision, rather than the presence of a warm body. Differences in cost may also be a factor of the flexibility in the environment for the supervision or the times involved. For instance, on-site agency supervision where multiple families are being monitored are usually less costly than providers like myself who provide individual supervision at parks, other recreation areas and malls. Q: Who is responsible for paying the SVM? A: The Courts will usually hold the non-custodial parent responsible for the full cost unless special agreement provides for a split between the parties, which can range in any ratio in increments of 10%. For Instance 20/80, 40/60, 50/50, etc. Q: You mean that I have to pay to see my own Children? A: Yes. The court in their responsibility to protect the welfare of a minor child can order the non-custodial parent to hire a SVM. Q: What if I can't afford to pay for a SVM? A: If you can't afford to pay, you may be limited in your visits. Q: "Limited in my visits" sounds like another way of saying that I can't see my kids unless I pay. A: In effect, that may be the case, unless as mentioned before, you can find a person acceptable to both sides willing to assume the duties for a low level of supervision, if appropriate. Q: That seems like a harsh penalty for getting a divorce or being separated from the other parent. A: As much as SVM may seem like a punishment, it is only the result of a court decision, which determined that circumstances surrounding the divorce/separation and subsequent custody determination make it necessary to order Supervised Visitation to protect the welfare of the child until the court can review the evidence and make further recommendations. Q: You make it sound like I'm going to hurt my child. Why would I do that? A: The issue is not usually that cut and dried. Generally, the issues before the court revolve around the impact of the parents' emotional response in the presence of the child. Unfortunately; the court has little to go on initially beyond the information filed by attorneys and reports from Family Court Service's or those of a private mediator. So, in the absence of a more beneficial alternative, the court orders SVM temporarily to allow the record to develop for future consideration. Q: What does temporarily mean? A: Temporary is what the court decides based on the facts and issues of your case. A competent family lawyer will strive to establish a finite number of visits to satisfy the courts concern and monitor the progress of the visits to minimize the time required. Q: So, if I get a good attorney, I won't have to worry about spending a lot of money on SVM visits, right? A: Not exactly. The court subject to periodic review determines the amount of visits required. The diligence of that review is where your attorney's presence is important. A good attorney is only a hedge against needless visits not a guarantee that they'll be brief in number. Q: So what happens if I always have to have a SVM? A: "Always" ultimately ends at 18 or with legal emancipation. Fortunately, once the sound and the fury of the divorce and subsequent settlement subside, reasonability generally prevails and most SVM will end. During the approximate 15 years I have been providing monitoring services I have not had many go beyond a year. Q: What if I want to change monitors? A: Generally, if you are receiving satisfactory monitoring services, it pays to keep the one you start with, particularly if your offspring seem to be making a good adjustment. Changing monitors tends to disrupt the continuity of the visits and may unnecessarily prolong the number. Ultimately, however, the decision to change monitors or not is one that should only be made after consulting with your attorney for the effect it may have on your case, your child and the mood of the court. As a final comment to this Q&A section I want to stress the importance of "blind faith" in learning to trust the instincts and judgment of those professionals you will be involved with during SVM. You will more benefit from viewing monitoring as a safeguard for your child's well being than thinking of it as spousal retribution or the callous disregard by an unfeeling judiciary. Only after cooler heads prevail and the concerns of the court regarding "the best interests of the child" have been addressed will you be able to get your family life back. So, as a rule it is better to suck it up, trust your lawyer and know that things will get back to normal in due time with cooperation on your part.
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