Supervised Visitation Monitor / Monitor de Visita Supervisada

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We provide this reunification opportunity for children’s benefit to be able to spend time with their parents in a safe environment. To give the parents the opportunity to prove to the courts that they can collaborate for the benefit of the child/children and they can follow instructions and satisfy the court. That the well-being of the child/children is what is being sought out. 

Supervised visitation allows parents in high conflict or high risk situations access to their children in a safe and supervised environment. … Supervised visitation is used to protect children from potentially dangerous situations while allowing parental access and providing support for the parent child relationship.

Our practice  is to protect the best interest of children whose parents have a custody or visitation matter in family court. Sometimes, based on issues of protection and safety, a judge will order that a child only have contact with a parent when a neutral third person is present during the visitation. This type of third-person visitation arrangement is often called “professional supervised visitation” and where we make our selves available.

 

    How to get started & how does it work ?

 

 

 

 

 

COURT DOCUMENTS REQUIRED, IF ATTACHED

 

For all visitations, the original court order must be SCANNED and SUBMITTED via email to AdminSupervisedVisits@ExecutiveUniversalServices.com or AMadrid@ExecutiveUniversalServices.com to have your case reviewed for approval before any visitations may occur.

Contact Information Required From All Parties: to start court ordered visitation Case Number, Case Name,  Full Names, Cell Phone Numbers, E-Mail Addresses, Physical Home Address and complete Attorney contact information. 

 

Court Order Forms Required from ALL Parties:

Supervised Visitation Family Court Orders and all that maybe attached for the case.

• Child Custody and Visitation (Parenting Time) Order Attachment: FL-341
• Supervised Visitation Order: FL-341(A)

• Child Custody and Visitation Order (Domestic Violence Prevention): DV-140

 

• Supervised Visitation and Exchange Order (Domestic Violence Prevention): DV-150

These required documents above are just some of the required documents that maybe attached to any visitation order. Failure to provide a visitation supervisore orders attached to a case the court may find either party in contempt of court with possible fines and arrest.

 

Upon acceptance and approval of any and all cases, a retainer fee will be required Immediately for intake and visitation along with intake information to reserve a set and secure confirmed schedule for visitation. Payment delegates a secured schedule for the day and time of a visitation.  Retainer for the intake and visitation payment fees are non-refundable if visitations are cancelled by either party.  A report will be submitted for violations of the court order to the court by the professional visitation supervisor of no show, late arrival or cancelled visitations.

• Delineation of terms and conditions

  The provider bears the sole responsibility for enforcement of all the terms and conditions of any supervised visitation. Unless otherwise ordered by the court, the provider should implement the following terms and conditions:

  (1)Monitor conditions to assure the safety and welfare of the child;

  (2)Enforce the frequency and duration of the visits as ordered by the court order;

  (3)Avoid any attempt to take sides with either party;

  (4)Ensure that all contact between the child and the noncustodial party is within the provider’s hearing and sight at all times, and that discussions are audible to the provider;

  (5)Speak in a language spoken by the child and the noncustodial party;

  (6)Allow no derogatory comments about the other parent, his or her family, caretaker, child, or child’s siblings;

  (7)Allow no discussion of the court case or possible future outcomes;

  (8)Allow neither the provider nor the child to be used to gather information about the other party or caretaker or to transmit documents, information, or personal possessions;

  (9)Allow no  (corporal punishment) spanking, hitting, or threatening the child;

  (10)Allow no visits to occur while the visiting party appears to be under the influence of alcohol or illegal drugs;

  (11)Allow no emotional, verbal, physical, or sexual abuse;

  (12)Allow no contact between the custodial and noncustodial parents unless ordered by the court order

  (13)Ensure that the parties follow any additional rules stated by the provider or the court.

• VISITATION REGULATORY BOUNDARIES & CONDITIONS are only to be set forth by the court order  and/or the visitation monitor unless otherwise indicated on the court order for the case, NO EXCEPTIONS. All Visitations and restrictions are based and passed on the reactions and action of the child and or children on the case.

• VISITATION TIME monitored visitation time is that of the none custodial parent time and may not be interfered by or dictated by the custodial parent making the none custodial parent responsible for childs needs during the visitation at all times.

• VISITATION SITE ASSESSMENT is provided by the visitation supervisor. The visitation is based on the activity chosen by the child as long as its with in the financial means of the none custodial parent.

• VIOLATION OF VISITATION ORDERS occurs when one party fails to comply with the terms set forth by the court order in a child custody/visitation order. … Your attorney can send a letter notifying the other parent about legal penalties for not obeying or complying with the court order and the court may order an arrest for violation of the court order. All instructions for the visitation monitor must be in righting from the court  on a letter head with a stamped seal from the court house.

• FACILITY VISITATION EXPENSES for the visitation monitor are the full responsibility of the Supervised Adult, not to include items of consumption, such as food and drinks, for the visitation monitor. 

• VISITATIONS CONFIRMATION will be confirmed 48 hours prior, with date and time, of the visitation by all parties via text to the visitation supervisor. The Guardian/Custodial and the Supervised Adult/None Custodial will confirm 48 hours prior for the visitation with date and time of the visitation via text to the visitation supervisor.

AMENDED 11/11/2023

 

 

• VISITATION TRANSPORTATION to the supervised visitation is the responsibility of the custodial parent unless indicated by the court order. when required a trusted person will have to transport the child to the visitation halfway point or the visitation location.

• ALONE TIME: During a Supervised Visitation a supervised Child will not be left alone with a Supervised Adult at any time. The child will be advised by the visitation Supervisor, Guardian and Visiting Supervised Person not to go anywhere that the supervisor cannot see the child at all times. 

• BATHROOM NEEDS: The child should advise the supervisor he or she needs to use the restroom. The restroom will be inspected before the child enters and the supervisor will stand outside the restroom area for the child to come out.

• DIAPER CHANGES will be made in the presence of a Visitation Supervisor at all times.

• WHISPERED CONVERSATIONS that a visitation supervisor cannot hear will not be permitted at any time during visitation. Visitation can be suspended until following court date, NO EXCEPTIONS.

• CURRICULAR ACTIVITIES for the child, if not indicated in court order, that may interrupt visitation will not be accepted as a reason for the child to miss a visitation. An order change will need to be provided prior to the child missing a visitation. All curricular activities must be scheduled around the visitation. 

• REPLACEMENT OF VISITATION SUPERVISOR: The financially responsible party is the only is the only party to terminate the visitation monitor unless indicated by a court order.

• DENYING A VISITATION: It is never legal to deny visitation without a court order. If the non–custodial parent is late on child support, the visitations must continue anyway. 

• VIOLATION OF A VISITATION ORDERS: Violation of a visitation order occurs when one party fails to comply with the terms and provisions set forth in a court-approved child custody/visitation order.  Violations of visitation orders are usually treated very seriously, as the child’s safety or well-being may be endangered through such violations. Violation of a visitation order may be different than a violation of an informal visitation agreement.  In general, a visitation order is usually approved by the court and is enforceable under law.  Violating it may lead to legal penalties and consequences.  On the other hand, a mere agreement between the parties may not have the full backing of the court’s approval, especially if the agreement was never written down or presented to a judge.

• WAYS A VISITATION ORDERS MAYBE VIOLATED.

  Visitation orders can be violated in many different ways.  While state regulations may be different from state to state, violations may include:

  • Overstaying a visit with the child

  • Withholding visitation from the non-custodial parent

  • Not dropping off or picking up the child at the correct place/time

  • Attempting to change the visitation schedule

  • Attempting to reduce visiting time of non-custodial parent without courts permission

  • Allowing someone else to pick up the child without authorization from the court or monitor/visitation supervisor.

  • Attempting to visit or contact the child at non-appointment times

  In some cases, changes to the visitation schedule may need to be made for legitimate reasons.  In such instances, the parties should file to modify the visitation order, rather than attempt to change it without the court’s knowledge or supervision.

 

• SOME OF THE CONSEQUENCES OF VIOLATION OF VISITATION ORDERS.

  The legal consequences for violating a visitation order can include:

  • Contempt of court (any willful disobedience or disregard for a court order)

  • Criminal consequences (this usually happens as a result of repeated violations)

  Also, repeated violations of visitation orders can also affect the violating party’s rights in other areas, such as their right to custody in the future.  If the party keeps violating a court ordered visitation schedule, it will be reflected in their record and may cast them in a negative light in future court hearings.  Thus, violations of visitation orders should be avoided at all costs.

VISITATION SUPERVISOR REPLACEMENT

The visitation supervisor replacement request by the guardian will be provided to the court with the process of a change of order request with a declaration indicating in detail to the court the reason for the request and only then the visitation supervisor will step down from the case once the court has approved for a new replacement supervisor; and not until then. Any attempts to disrupt visitation will be submitted to the court as a violation of court order or the party may face arrest.

VISITATION LOCATION, DROP OFFS AND EXCHANGES

Are either set by the court order or the Visitation Supervisor after an assessment other wise set or indicated by the court order.

CHILD OR CHILDREN’S TRANSPORTATION

All transportation is the responsibility of the guardian and is to be provided for the child by the guardian parent to the site of visitation or drop of location unless otherwise indicated by a court order. The designation of visitation site is that of the visiting parent/family member with the approval of the Professional Visitation Supervisor after the assessment of safety level of the site has been verified. Any attempt by the Guardian Parent to disrupt any visitation request without an order change will be deemed a violation of the court order and maybe held in contempt and may face penalties fines and arrest.

 

CANCELLATION OF VISITS

Attention:The only visitation cancellations that will be accepted are ones with a written notice from a doctor on letterhead along with a business card with full contact information of the doctor. Nothing else will be accepted and must be provided within 48 hours of cancellation for a court  report. Documentation and the due diligence of the visitation supervisor is a requirement by the court. If the child is not ill but the guardian is ill, alternative transportation will be provided for by the guardian unless otherwise indicated by the court order.

 

 

RESERVATION OF VISITS

The days and times for visitations must be submitted with payment in full to reserve your visitation instantly. First come first payed visitations are the only visitations that are secured and confirmed and are considered non-refundable if visitation is cancelled less then 6 days prior to visitation

All visitation locations are designated for approval by the court order or by the Professional Visitation Supervisor if it is not indicated on the court order. Any additional persons at visitations will require a fee and must be approved 10 days in advance by the Professional Visitation Monitor.

NON COMPLIANCE, VIOLATIONS OF COURT ORDERS, OR  INTERFERENCE OF ANY VISITATIONS WILL BE SUBMITTED IN A REPORT TO THE COURT AND WILL BE REPORTED TO LOCAL LAW ENFORCEMENT FOR AN ARREST TO BE ADMINISTERED OF THE OFFENDER . 

• Non compliance/Violation: failure to contact or reply to the visitation supervisor from either party under the court order  

• Non compliance/Violation: failure to show for ordered visitation or agreed visitation is a non-compliance/violation or Arrestable Offence or Order Violation which is subject to a report submission to the court by the Visitation Supervisor.

• Violation: Late arrival to visitation, Interference of Visitation, repeated offence is a  non-compliance/violation or Arrestable Offence

• Violation: Additional attendees without proper notification/Approval from Visitation Monitor will result in Suspended Visitation and non-compliance/violation.

• Non compliance/Violation: Attending visitation under influence of Alcohol/Illegal Drugs will result in Suspended Visitations/Arrest.

GRANDPARENTS

If you are a grandparent and want information about visitation with your grandchildren, there are many resources that can help you learn about your options and understand your rights as a grandparent.

Under California law, a grandparent can ask the court for reasonable visitation with a grandchild. To give a grandparent reasonable visitation with a grandchild, the court has to:

1. Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.”  This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild.AND

2. Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.

In general, grandparents cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, like:

• The parents are living separately;

• A parent’s whereabouts are unknown (and have been for at least a month);

• One of the parents joins the grandparent’s petition for visitation;

• The child does not live with either of his or her parents; or

• The grandchild has been adopted by a stepparent.

If a grandparent has visitation through the courts, and things change and none of these exceptions apply any more, one or both parents can ask the court to end the grandparent’s visitation and the court must then end the grandparent’s visitation rights at that time.

Read California Family Code sections 3100-3105 to read the law about a grandparent’s rights to visitation. This code section also details other situations the court must consider before giving visitation to a grandparent. Make sure you read it carefully and get legal advice from a lawyer if you think they may apply to your case.

Keep in mind that, if possible, it may be best for you and your family to try to resolve these issues out of court. Consider mediation between you and your grandchildren’s parents as a way to openly and safely discuss your needs and concerns to try to reach an agreement that is in the best interests of your grandchildren and that preserves your relationship with them as well as with their parents. Read our section on Resolving Your Dispute Out of Court to learn more about mediation and get some resources to find mediators in your community that can help you. It is possible that if you go to court, you will also have to meet with a mediator from Family Court Services. Click to learn more about Family Court Services mediation.

If you are a grandparent and you are raising your grandchildren either because the parents are absent or are unable to care for their children (like if they are on drugs, or in jail), read our section on Guardianship.  When a non-parent wants custody of a child (and not just visitation rights to see the child) it is called guardianship, and there is a separate court process for guardianships.

How does a grandparent ask for visitation in court?

Under the law, a grandparent who wants to ask the court to order visitation with a grandchild can file a petition in court. It is difficult to figure out exactly how to file this petition. There may already be a family law case filed between the child’s parents (like a divorce, a parentage case, a child support case, or a domestic violence restraining order) and a grandparent may be able to ask for visitation under one of those existing cases. Or, there may be no open case, and you, as the grandparent, may have to file a petition in court starting a case from scratch.

There are currently no official court forms specifically for this purpose, but several courts have developed local forms and templates you can use to ask for visitation with your grandchild. Ask your court’s self-help center or family law facilitator if they have samples, templates or local forms you can use. You can also hire your own private lawyer to help you with your petition or with parts of your case (called “limited-scope representation”). Click for help finding a lawyer. Click for more information on limited-scope representation .

In general, a grandparent who wants to ask for visitation with a grandchild must:

1. Figure out if there is a family court case already open

   As just explained, you first need to figure out if there is a family court case already open involving your grandchild and his or her parents. If so, you can file a petition under that case. To do that, jump to step 2 below.  If not, you will have to start a case yourself, and then keep following the steps below.Remember, ask the family law facilitator or self-help center at your court for help starting a case yourself.

2. Fill out your court forms

   In addition to any papers you need to complete to open a case (if there is not one already open), fill out:

   • Request for Order (Form FL-300). You can use the Information Sheet for Request for Order (Form FL-300-INFO) for information.

   On Form FL-300, explain what type of visitation schedule you would like to have with your grandchildren and why. Make sure you answer the questions the judge must consider when deciding to give a grandparent visitation, like: what your relationship with your grandchildren is; why is in your grandchildren’s best interests to have visitation with you; and anything else you think is important for the judge to know about your relationship with your grandchildren.You can use the Child Custody and Visitation (Parenting Time) Application Attachment (Form FL-311) or explain what orders you would like on a Declaration (Form MC-031). If you have prepared a proposal for the visitation orders you would like the judge to make, attach that too.       Note: Find out if your court requires you to fill out any local forms specific to your county.

3. Have your forms reviewed

   If your court’s family law facilitator or self-help center helps people with grandparent visitation cases, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case. And, again, make sure you ask them if there are any local forms you need to fill out in addition to the forms listed here.

4. Make at least 3 copies of all your forms

   One copy will be for you; the other 2 copies will be for your grandchildren’s parents. The original is for the court.

5. File your forms with the court clerk

   Turn in your forms to the court clerk. He or she will keep the original and return the copies to you, stamped “Filed.” You will have to pay a filing fee. If you cannot afford the fee, you can ask for a fee waiver.

6. Get your court date or mediation date

   The clerk will probably give you a court date. You and your grandchildren’s parents may have to meet with the mediator before the court date or go to a mediation orientation. Ask the clerk if you are not sure.

7. Serve your papers on the parents

   Once you file papers in court to ask for visitation, the law requires you give notice to the parents (and, stepparents and anyone else who has physical custody of your grandchild). This is done through “service of process.” “Service” is the legal way to let someone know about a court case or a petition you have filed in court.To serve your papers, have someone at least 18 years old (NOT you) serve each parent with a copy of all the papers you filed and a blank Responsive Declaration to Request for Order (Form FL-320). Look at the front of Form FL-300 to see if the judge ordered you to serve any other documents. If Item 7 in the section for “Court Order” is checked, your papers MUST be served in person at least 16 court days before your court date. If Item 7 is not checked, but other items in the “Court Order” section are checked, you may also need to have the other person served in person. Ask the family law facilitator or self-help center to make sure you know if you must have your papers served in person.If you filed your petition under a case that was already opened involving your grandchild and the parents, you can give each parent (and stepparent or other person with physical custody) notice by certified mail, return receipt requested with postage prepaid, to each parent’s last known address or to each parent’s lawyer in the case.  Remember, someone else (at least 18 years old) must be the one to mail these papers to each parent.If you had to start a new case to ask for visitation, you will have to give notice by personal service, which means you must have someone hand-deliver a copy of the papers to each parent (and stepparent or person with physical custody).To find out more about how to “serve” or give notice to someone, read the section on Service of process.

8. File your Proofs of Service

   Have your server (the person or persons who mailed or hand-delivered your papers to each parent) fill out proofs of service (you can use Proof of Personal Service (Form FL-330) or Proof of Service by Mail (Form FL-335) and make sure you specify you served by certified mail and attach the return receipt) for each of the parents and give them to you so you can file them with the court. It is very important that your server fills out the Proofs of Service correctly. If possible, have your family law facilitator or self-help center review them to make sure they were filled out properly.

9. Go to your court hearing and/or mediation

   Once the parents are “served” (notified), there may be a court hearing in front of a judge or commissioner. As mentioned earlier, you may all be ordered to go to mediation with Family Court Services mediation to try to work out a visitation agreement. If you cannot reach an agreement, the judge will make a decision based on the best interest of the child and will balance the child’s best interests with the right of parents to make decisions in their children’s lives.