Virtual Visitation Handbook
Sample Court Order - Less Cooperative Parents

[Name of parent] shall have reasonable telephone, email, video or other electronic contact with the child on the following days and during the following hours [specify days and hours].

The court finds that it is in the best interest of the child for the parents to coordinate and share information regarding communication by these methods. Each parent shall keep the co-parent advised of a current home address, telephone numbers (including cellular phone numbers), email addresses, IP addresses and other addresses at which electronic contact may be made, and advise the co-parent within forty-eight hours whenever a change is made or may occur. Each parent shall immediately advise the co-parent of any upgrade in equipment or electronic transmission service that would impact electronic communication or access between the co-parent and the child.

Options for providing equipment:

Option 1: Each parent shall provide [describe appropriate computer equipment and components], and a service plan for same, in their residence no later than [select a date]

Option 2: [Name of parent] shall provide [describe appropriate computer equipment and components], and a service plan for same, to be delivered to the residence of [name of co-parent] no later than [select a date]

Option 3: Each parent shall acquire [describe appropriate equipment and components] that interface satisfactorily to provide communication by the methods provided for herein. Thereafter [name of co-parent] shall be fully responsible for payment of all costs and expenses for necessary and desirable repairs, upgrades or replacements of hardware or software.

Each parent shall be responsible for maintaining such equipment in good working order and shall be fully responsible for payment of all costs and expenses for necessary and desirable repairs, upgrades or replacements of hardware or software. Each parent shall be responsible for the payment of all costs for [describe minimum quality of bandwidth and internet service required] necessary to conduct electronic communication until further order of the court. Each parent shall be responsible for repair of non-functioning equipment within a reasonable period of time, not to exceed [specify time frame] and shall notify the co-parent of when electronic communication shall be restored.

Both parents shall have voice mail or other means of taking telephone messages, so that the co-parent may leave a message regarding the time when electronic communication will be initiated by the co-parent. Both parents shall cooperate to have the child return calls from the co-parent and to be available for scheduled electronic communication sessions. The parent in the residence where the child is receiving an electronic communication shall activate the equipment necessary to receive the electronic communication at least [state number of minutes] prior to scheduled electronic access between the co-parent and the child, and shall help the child set up required equipment and electronic transmission service so that all equipment is ready to receive the electronic transmission by the starting time for electronic access.

Any equipment failure shall be reported to the other parent within 24 hours and shall be repaired within [state number of hours or days]. If electronic communication is unable to proceed because of unintentional equipment failure, the parent scheduled for electronic access with the child shall be entitled to elect a telephone call or other electronic communication method available as a substitute form of contact at the scheduled time. Any video conference that is unable to proceed because of an unreported equipment failure or failure of the equipment to be turned on and ready within [state number of minutes] of the time scheduled for the session, shall give the initiating parent the right to two compensatory electronic access sessions to be scheduled at the convenience of the initiating parent within [state number of days].

If a dispute arises about the number of contacts, the co-parent shall be entitled to place [state number] telephone calls and initiate [state number] other electronic communications to the child each week. The parents shall attempt to resolve all other disputes regarding electronic access through mediation prior to initiating any litigation on the matter.

The privacy of the parents and the child are of paramount concern. The parties shall undertake such parental control measures as will safeguard the child while engaging in internet activities but shall not interfere with the right of either parent to communicate with the child. Each parent shall refrain from monitoring computer or electronic communication activities, personally or through any third person or entity acting at the parent’s direction, that occur between the co-parent and any other person or entity.

Option for joint online webpage:

[Describe type of website] shall be created for the child by [name of parent], to include all current schedules, activities and information regarding the health and educational progress of the child and appropriate photographs of the child. [Name of parent creating webpage] shall immediately inform the co-parent how to access the webpage created. The cost, if any, for the webpage shall be paid for by [name of parent(s)]. The website shall be maintained by [name of parent]. Both parents shall have complete access to the webpage.

Revised 7/12/11