Rule 5.252.Guidelines for developing parenting plans and issuing court orders involving virtual visitation

Virtual visitation is contact by audiovisual technology, and this rule sorts the considerations into two tiers. The first tier is mandatory: potential safety concerns, especially where there is domestic violence or abuse, including whether a party is living in a confidential shelter; the parties’ access to firearms or ammunition; and information from anyone speaking for the child — the child’s own participation, an appointed attorney, a recommending counselor, a mediator authorized to communicate with the court, an evaluator or expert, or another person legally authorized to represent the child.

The second tier is discretionary and practical: the child’s age and capacity to take part; the experience and training of whoever provides the visitation; and whether the parents, the child, and the person providing, facilitating or monitoring the visitation can actually access the technology — a device and an internet connection good enough for audiovisual applications.

The ordering is the point. A plan that would work technically is still not appropriate if the safety evidence in the first tier says otherwise, and the rule puts the confidential-shelter and firearms questions in the "must consider" column rather than leaving them to be raised.