The Court may make Orders for a parent to be supervised during the time they spend with their children. The supervision can be conducted by a professional, a family member or a friend.
The supervisor’s role is to ensure they remain with the child at all times, and be able to see and hear the child while they are spending time with the parent.
When can the Court make a supervision order?
The Court can make supervision orders inclusive of the following circumstances:
- It is alleged that the child may be afraid of their parent
- There is a concern that the child may be exposed to harm if left unsupervised with the parent. Risks includes:
- The child being exposed to drug and/or alcohol abuse or
- Risk to a child by virtue of serious mental health issues
The Family Law Act
The Family Law Act (the Act) does not specifically provide for instances of when parenting supervision should be ordered. The overarching principle when making orders is to ensure that the best interest of the child is paramount. This principle is determined through:
- The benefit of the child of having a meaningful relationship with the parent; and
- The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect, or family violence.
When determining the best interest of the child, the Court must give greater weight to the second principles in that, the Court will give greater consideration to the child’s safety.