Supervised Access

[TRG2010]

Quick Question - Advice needed!!

My Ex's Access is currently under home supervised access - Court ordered. I have heard that he is going on outings with the child with no supervisor attending. He picks up and drops off our child on his access dates with the supervisor, but apparently none is with him when he leaves the house with our child. If I were to catch him with our child with no supervisor with him, should I call the police? I was told I should. Just scared that he is just talking the child for a walk and a judge might not think that was a big deal to take the child for a walk by himself with the supervisor still at his house. Comments??

[logicalvelocity]

Why traumatize your child and involve police? They have a tendancy to refrain from enforcing family court orders unless terms of the order specify that they do so.

There's Order in place concerning supervised access - To me, the court won't be too happy that their order is perhaps breached...

Take it back to court if your child is under substantial harm. The onus is on you to demonstrate - Contempt...beyond a reasonable doubt.

[billiechic]

I agree. Your decision should be based on the facts..why does he have supervised acess? Has he ever harmed your children? on drugs? etc.. What kind of outing was it (walk, to park, driving somewhere?) You don't need to answer these quaestions to us, just think about the risks.

Is there a real risk to your child or are you just looking for something to use against him?

[TRG2010]

"Why traumatize your child and involve police?",
Well our child is just 14 months old, so no real concern there. I have already caught him in the past alone with our child, he doesn't seam to care about rules or that they dont apply to him. My thing is, if I let this go, what does that say to the courts, that I dont care about my childs safety especially when it is a court order. Also, it shouldnt matter what type of outting, should it? Supervised is supervised is it not? I just what to know what a judge would possibly say if I called the police on him. I want him to own up... to learn ther are rules and they apply to him, he cant just do whatever he pleases, especially under a court order. What does that say about him?

"The onus is on you to demonstrate - Contempt...beyond a reasonable doubt."
Wouldn't him with our child by himself be "beyond a reasonable doubt"???

[logicalvelocity]

"Why traumatize your child and involve police?",
Well our child is just 14 months old, so no real concern there. I have already caught him in the past alone with our child, he doesn't seam to care about rules or that they dont apply to him. My thing is, if I let this go, what does that say to the courts, that I dont care about my childs safety especially when it is a court order. Also, it shouldnt matter what type of outting, should it? Supervised is supervised is it not? I just what to know what a judge would possibly say if I called the police on him. I want him to own up... to learn ther are rules and they apply to him, he cant just do whatever he pleases, especially under a court order. What does that say about him?

"The onus is on you to demonstrate - Contempt...beyond a reasonable doubt."
Wouldn't him with our child by himself be "beyond a reasonable doubt"???

And the Police will do what?

Perhaps make an appearance and have discussion to that parent in your 14 month olds presence?

Will they arrest the individual? Hardly. They will investigate and perhaps make report. They may also go on to refer the local CAS.

Police do not enforce Family Court Orders unless the order specifically compels them to do so...

Contempt of the order - It's your allegation until proven otherwise. Beyond a reasonable doubt is not your word alone.

Get your evidence. Write a letter to them advising that they comply with the terms of court order...State what you know...See if they deny or admit the allegation. Paper Trail so to say...

[billiechic]

document, document document. You can't run to the courts, police and CAS with every little thing. Follow LV's advise and write a letter (or email) asking him to comply. Or get your lawyer to do it. If you don't already have one, starta journal that you record your dealings with the other parent (good and bad) if this goes back to court it will be very helpful to you.

I'm not saying let it go, just make sure you have enough evidence to force a change and that you have tried to work it out before taking it to authorities. Unless your child is in real danger of course.

[NotSoNiceEx]

Document, Document, is right, if you see them unsupervised have the time, date and picture if possible. Supervision is ordered for a reason. Don't call the police but bring it to your lawyer, he may ask for an emergency motion to change the terms of access or may simply call the other parties lawyer to ask for compliance. Are the visits supervised by an outside agency, family? If it is family and it is not working for you, you can request supervised access at the centre, there are many sites available that offer supervision and someone is always in the room. You would have staggered drop off and pick up times with your ex. The access center also provides written reports of all visits.

[dinkyface]

I'd be questioning the professional conduct of the supervisor (assuming it is a paid professional?). The court order indicates that the access is to be supervised, and they should not be taking decisions to change that.

[TRG2010]

Yah Well where I live there is no access centre, so all supervisors have been his friends and family, and to be quite honest, I dont think he is telling them the whole truth. I have already refused his one family memeber as an acceptable supervisor because of their conduct. My next step will be asking for all furture visits to be at an access centre, which is 1 hour away though.