The neutral visitation space for contact restoration between children and parent(s)
A divorce or relationship breakdown usually involves a lot of difficult discussions, especially if there are minor children involved. In addition, it is not inconceivable that a contact breakage the minor child's relationship with a parent, especially if the break in the relationship is caused, among other things, by criminal acts committed by a parent. On the other hand, a breach of contact between parent and minor child is also conceivable in other circumstances, such as the choice of one of the parents to go abroad or other factors beyond the parent's control.
If there is a breach of contact, it is not obvious to re-establish contact with the child. Especially given any sensitive predecessors in a given family context, that right to personal contact is not obvious to a parent. For these reasons, the neutral visiting rooms Where a first step can be taken for a supervised contact restoration between parent and child.
Examples of the neutral visiting room are the CAW and Het Huis. Following an article in Het Laatste Nieuws, the neutral visiting room at Het Huis was discredited through various testimonies of anonymous parents [BOSSAERT, J. HLN RESEARCH. Judges send children to non-profit organization where they are forced to play with parent who abused them: 'Daughter suffered trauma there'. Het Laatste Nieuws, Jan. 16, 2023]
The family law specialists at Bannister Lawyers would be happy to explain for you the operation and usefulness of neutral visitation rooms.
**When does the court appoint a neutral visiting room?
In principle, the court can impose the neutral visitation room to restore contact between parent and child under external supervision, if there is a long-standing breach of contact and/or if there are serious conflicts in achieving personal contact between parent and child.
For a court to grant supervised contacts, the main criterion will be the best interest of the child be. If the court determines that there is no indication that supervised contact is contrary to the best interests of the child, the court will be able to impose the neutral visitation area.
The neutral visitation room can be a springboard for possible parent-child access rights without outside supervision. The neutral visitation space thus serves as a "transition period."
For this reason, a parent can have the opportunity to reconnect with the child. It is an opportunity, for example, for parents who have pleaded guilty to criminal offenses and want to get back on track with the child.
Indeed, the underlying principle is that a child benefits from contact with both parents in the absolute majority of cases.
What does the neutral visiting space mean for the parents involved?
If the neutral visitation room is imposed by the court, both parents will be invited to an introductory meeting before any contact with the child will proceed.
Over a period of several months, we will then evaluate how the contacts between parent and child are going and what the caregivers have to note in this regard.
The advantage of an agency such as The House is that a report can be made to the court, which can provide the judge with the necessary tools to evaluate the impact of supervised visits on the child.
Given the pathway taken at a neutral visitation area, it can be analyzed whether unaccompanied contact is possible and in the child's best interest.
When do we recommend the neutral visiting room to the parent(s)?
If we are consulted by a parent who has not had contact with the child for some time where there have also been conflicts in the past, we initially recommend restarting contact gradually, including through a neutral visiting room.
A gradual contact build-up will in fact be considerably more accessible for the child to rebuild the bond with the parent. In an initial phase, the parent and child can then be guided to possibly switch to contact outside the neutral visitation space a few months later.
Not only to parents who have a breach of contact with the child is the neutral visiting room advised, but also for parents who are on the other side of the breach of contact this measure can be helpful.
For example, if there are serious concerns about the child's safety in a parent's environment, the appointment of a neutral visiting room may just ensure that a child's right to personal contact with the parent is safeguarded along with the child's safety.
The experience about the neutral visiting room as a lawyer
In our experience, contacts in a neutral visiting space can be intense for the children, but can be tailored to the pace the children indicate.
In this way, the neutral visiting space can effectively serve as a transition period in order to restore the bond between child and parent. Indeed, in this view, experience tells us that contact can be successfully restored.
However, it may also turn out that a more extensive contact between parent and child is not appropriate considering the best interests of the child. Even then it is useful to work with a report to the court so that the latter can take note of the evolution of the contact and make a decision that is in the best interest of the child.
Would you like more information on this topic or to be assisted by a specialized attorney? Please feel free to contact us at info@bannister.be or at 03/369.28.00
