The supervision order is an ultimate measure

published by: Rebecca Weisz-Hertsworm posted on July 26, 2022 reading time

When parents argue, it has an effect on the children. Not every effect leads to a supervision order. Only when there is a serious negative effect on a child the Child Care and Protection Board can request the judge to order a supervision order. What this measure entails is explained in this blog.

When is a supervision order issued?

A youth protection institution can request the Child Protection Board to investigate whether a supervision order is necessary. The Council advises the judge. The judge will determine whether the supervision order is justified and will weigh the interests of parents and children involved. If a supervision order is pronounced it will have a direct effect on family life. Therefore, this measure is only justified if it is based on the grounds stated in the law and is used to protect the child.

Supervision and visitation

It also happens that the Child Care and Protection Board is asked to investigate in an ongoing procedure, for example in a procedure about the care and contact arrangement. Not every procedure that is initiated because parents have not succeeded in agreeing on an arrangement together leads to a supervision order. In 2016, the Supreme Court ruled on the relationship between contact and a supervision order. The pronouncement of a supervision order in the event of a dispute between parents about the visitation arrangement should be an extreme remedy. There must be a serious threat to the development of the minor child and other less drastic means should not have worked. Drastic means include, for example, a parenting mediation process.

What are the implications?

The supervision order affects the private and family life of the family. If it is pronounced, then the minor is under supervision of a Certified Institution (an institution on the municipal level), such as Youth Protection Rotterdam. A family guardian, working at the certified institution, will have a conversation with the parents and child and will draw up a plan of approach. The goal is to help and support the parents so they can independently take responsibility for their child and make choices in the child's best interest. The violation of family life may therefore not be more serious than necessary to achieve the goal.

During the supervision order, parents must consult with the family guardian about all important decisions concerning the child, such as supervised visitation. The family guardian can give instructions to parent and child, for example, participation in a certain assistance program. If a parent does not follow the instruction, the written instruction can be ratified by the court and a penalty payment can be imposed. This penalty is a financial incentive that must lead to behavioral change or improvement.

How long does the monitoring take?

The duration depends on various circumstances. The supervision order is a temporary measure in a forced context and can only be imposed on a minor child. Usually the supervision order is pronounced for a maximum duration of one year with a possibility of extension.

A request to the court is not always rightly made, nor does an ongoing supervision order always work well. Defenses are possible. Want to know what possibilities you have? Feel free to contact our specialists.