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75 Temp. L. Rev 271 (2002)
Troubling Admission of Supervised Visitation Records in Custody Proceedings, The

handle is hein.journals/temple75 and id is 281 raw text is: THE TROUBLING ADMISSION OF SUPERVISED VISITATION RECORDS IN CUSTODY PROCEEDINGS Nat Stern* and Karen Oehme** INTRODUCION Supervised visitation programs provide services to courts in visitation and custody disputes in which a parent alleges physical or sexual abuse, domestic violence,' or other harmful behaviors against a spouse or partner. Hailed as a welcome tool in the judicial management of high-conflict family court cases,2 these programs are garnering increased attention from legislatures, judges, and lawyers nationwide. The flurry of activity focused on funding and developing these programs, however, has obscured evidentiary questions arising from the visitation reports created at each visit. The widespread misuse of visitation reports, this article argues, threatens to compromise both the interests of abused children and the safety of domestic violence victims, whom supervised visitation was developed to protect. Part I of this article explores the purposes of supervised visitation programs and the legal community's call for their development. Part II describes the * John W. and Ashley E. Frost Professor of Law, Florida State University College of Law. ** J.D., Program Director, Clearinghouse on Supervised Visitation, Florida State University School of Social Work, Institute for Family Violence Studies. The Clearinghouse provides technical and legal assistance to Florida's supervised visitation programs and serves as a nationwide resource for courts, legislatures, and social agencies on supervised visitation issues. The authors gratefully acknowledge Charles Ehrhardt for his insights on issues raised by this article. 1. See, e.g., Amy B. Levin, Comment, Child Witnesses of Domestic Violence: How Should Judges Apply the Best Interests of the Child Standard in Custody and Visitation Cases Involving Domestic Violence?, 47 UCLA L. REV. 813, 819 (2000) (advocating that courts mandate supervised visitation for batterers and their children so that children can be safe and batterers can have continuing contact with their children). 2. See generally Bonnie S. Newton, Visitation Centers: A Solution Without Critics, FLA. B.J., Jan. 1997, at 57 (describing supervised visitation as solution without a downside); Sarah H. Ramsey, The Wingspread Report and Action Plan: High-Conflict Custody Cases: Reforming the System for Children, 39 FAM. & CONCILIATION CTs. REV. 146, 152 (2001) (listing supervised visitation among services that should be available to all families without regard to income); Debra A. Clement, Note, A Compelling Need for Mandated Use of Supervised Visitation Programs, 36 FAM. & CONCILIATION CTs. REV. 294, 311 (1998) (concluding that [tihere is no better service that state legislatures could perform for their most vulnerable children than to make supervised visitation programs available to every troubled family that can benefit from them). One author has recommended: Basic infrastructure improvements should be instituted to reduce opportunities for harmful conflict. Every community that has a public school should also have a center where safe, supervised visitation, waiting, and transfer can be accomplished, if necessary, without the necessity for contact between conflicted parents. Thomas E. Schacht, Prevention Strategies to Protect Professionals and Families Involved in High-Conflict Divorce, 22 U. ARK. LI ILE ROCK L. REV. 565, 581 (2000).

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