Raymond Havlicek, Ph.D.

I described a procedure that I referred to as "therapeutic intervention for problematic visitation" in the March 1998 edition of the "Nassau Lawyer." In that article I addressed how a therapeutic procedure might assist divorced and separated families to healthfully adjust to the many behavioral and emotional challenges that all too frequently develop during marital dysfunction, separation and divorce. A number of family dysfunction, contributing problems affecting children's health and development were described in addition to problems resulting from the judicial system itself. Considering the apparent widespread psychological harm created by family dysfunction and problematic visitation, it is helpful for court-appointed forensic evaluators and law guardians to consider the strategies, tools, and tactics available in order to most effectively address whatever circumstances may arise.

Supervised visitation and therapeutic intervention for problematic visitation are two available methods. Supervised visitation involves the provision of a qualified and appropriate individual who acts to insure that contact between the visiting parent and child/children is appropriate. Supervision may be formal and professional or informal and nonprofessional. Formal, professional supervised visitation involves a licensed mental health professional who takes notes describing his/her observations of the interaction, and if necessary intervenes to provide structure and direction in the event of problematic interaction. Informal, nonprofessional supervision may involve a family member or relative. Both formal/professional and informal/nonprofessional supervision may be provided, depending on the circumstances, at an office, a location other than the parents¹ homes, or at the home of the visiting parent.

A particular level and type of supervised visitation is recommended when there is reason to believe that some form of problematic, harmful, or disordered interaction is occurring. The completion of a comprehensive, unbiased forensic evaluation is necessary in order to arrive at the recommendation for some form of supervision. Similarly, a particular form of therapeutic intervention for problematic visitation is recommended when there is reason to believe that significant and harmful family dysfunction exists which may be reduced as the result of the use of this psychological procedure.

In cases where the apparent dysfunction is observed to be significant and harmful, it might be useful to bifurcate the forensic evaluation. Bifurcation occurs when the professional evaluator believes that significant and compelling information has been obtained which leads to the conclusion that there is a harmful and disordered pattern of interaction. When the evaluator observes the harmful interaction pattern, the professional might recommend the provision of formal supervision of visitation. This is a useful step due to the fact that the supervision may result in healthful and appropriate contact between the visiting parent and child/children, preventing the development of a large and significant gap in contact which could have far reaching negative consequences for the problematic relationship. In addition, the use of supervised visitation during the process of a forensic evaluation provides the evaluator with the notes of the neutral supervisor. These notes should prove useful to the evaluator in making further recommendations regarding additional interventions.

Nancy Thoennes and Jessica Pearson recently wrote a review article entitled "Supervised Visitation, a Profile of Providers" which appeared in Family and Conciliation Courts Reviews, vol 37 No 4, Oct. 1999. This excellent article reviewed the extent of supervised visitation, evaluation results, various types of services provided, and an assessment of the problems involved in supervision. Quoting from page 467 of Family and Conciliation Courts Reviews, they state: "Indeed, the most common criticism of supervised visitation programs voiced by family law professionals and visitation supervisors themselves is that the programs frequently operate in a vacuum without the evaluations needed to answer an allegation or provide the underlying treatment that a family needs. These sentiments are expressed in the following comments by lawyers and mediators who are familiar with supervised visitation services: supervised visitation is superficial. It isn't a way of answering allegations. You need a custody evaluation to shed light on what should be done in the long run.... Other things need to be happening in addition to supervision. Supervised visitation isn't the end, it is just the beginning." In other words, while supervised visitation provides a much-needed and valuable service to families experiencing dysfunction, its ultimate effectiveness depends upon the forensic psychological evaluation detailing the underlying pathology in the family system and directing the family towards either concurrent or later therapeutic intervention for problematic visitation. Supervised visitation provides the external structure, and hopefully some educational guidance, enabling appropriate contact to take place, while eliminating the danger of problematic interactions.

The need for supervision arises out of families' inability to address their own disordered interactions. The forensic evaluation should provide an assessment of families' disordered interactions and how best to address them. Supervision should continue until some form of transfer to therapeutic intervention is possible. Transfer should be gradual and progressive, depending upon the recommendations of the treating professional providing the therapeutic intervention. Supervised visitation should not necessarily end because no problematic interaction is observed during supervision. Many disordered families very quickly learn how to modify their behavior in order to comply with the supervisory process without addressing powerful underlying psychological issues. Concomitant psychological evaluation, involving a forensic evaluator, should be able to address whether or not underlying psychological issues might present a continuing problem for the family, irrespectively of how appropriately the visiting parent behaves within the supervised environment.

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