ARTICLES

Restricting Visitation, Supervised Visitation, and Terminating Visitation

The divorce or family court judge loses authority to order or enforce visitation when children reach the age of majority.¹ There is no authority in Illinois’ divorce laws to compel visitation for adult disabled children.² There are, however, ways to obtain and enforce visitation with adult disabled children.³ The court may place certain restrictions on a parent's visitation.⁴ "Restrictions" are different from "reductions" or "limitations" – the latter merely reducing the amount of time a non-custodial parent spends with the child.

Restriction of Visitation is an action which limits, restrains, or confines visitation within bounds. A termination of visitation rights is a restriction, as is a prohibition on overnight visitation. Likewise, a requirement that visitation be supervised, occur in the home of the custodial parent, or outside the home of the non-custodial parent is a restriction. However, eliminating one day from a weekend visitation or shortening a summer visitation due to the activities of the child usually are not considered “restrictions."⁵

Supervised visitation is also a "restriction" and may be imposed in cases where the circumstances warrant. When the court requires visitation to be supervised, a supervisor (a trained professional, a therapist, psychologist, psychiatrist, case worker, or even an approved friend or relative) is present with the non-custodial parent at all times to ensure that no harm comes to the child's physical, mental, or emotional well-being. If you think your case requires a visitation supervisor, call our office and talk with a knowledgeable attorney to learn what protections the law will afford.

Termination of Visitation in a misnomer. Visitation isn’t “terminated,” but it may be "abated," that is, put on indefinite hold, in some cases. Children often have a say in an abatement of visitation.⁶

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