Rule 81.Post-Judgment Parenting Time Supervision and Case Implementation Supervision

Rule 81 applies after a judgment has been entered under Rule 78, and it covers two related roles carrying out A.R.S. section 25-410(B).

The two roles

Parenting time supervision encourages parenting time between the child and parents. The supervisor facilitates contact per court orders, which may include but is not limited to physical supervision, and may terminate a session over a participant's behavior or safety concerns -- including concerns for the supervisor's own safety.

Case implementation supervision addresses what remains after judgment other than the fitness of each parent: helping the parties and the court actually implement the judgment's terms. It may include a therapeutic component for all participants to address behavior inconsistent with the parenting plan.

For both, the rule states plainly that communication with and services provided by the supervisor are not confidential, and that supervisors must observe and report. Anyone entering supervision should understand that from the outset.

When supervision may be ordered

The court must order parenting time consistent with the child's best interests. It may order supervision if the parties agree, or if it finds that without a continuation order the child's physical health would be endangered or emotional development significantly impaired.

Selecting the supervisor

A supervisor is any person or local social service agency the parties stipulate to and the court approves, or that the court appoints. The court may give the parties a list, and they may stipulate to someone on it or to any other person they agree is appropriate.

The nine terms the order must fix

Fee allocation, after determining the parties can afford the fees -- and if they cannot and other funding exists, how costs will be covered; who contacts the supervisor to schedule; what information goes to the supervisor, how, when and from whom, including any special concerns or needs of the child; the required reports, their content and frequency, and a requirement that the supervisor keep notes of each visit; the type of parenting time supervision -- exchange supervision, parenting time supervision, or therapeutic supervision; the supervisor's authority to carry out the judgment; any procedure for review hearings; the duration, which expires at the court's discretion but must be stated; and the purpose, including identifying and protecting against the potential risks to the child's physical or emotional health.

Extending, modifying or vacating supervision requires a Rule 91 petition from the requesting party. A supervisor may submit a written request instead -- and if one does, the court must allow the parties to be heard.

Fees are allocated under Rule 95(a), and reasonable means the usual and customary fees in the county, considering availability, the nature of the issues, and the supervisor's required experience and training.