When a family is confronted by parental separation or divorce, it is very difficult for everyone, especially children. When the parental relationship is of conflict, it is even more important that therapy presents an emotionally safe environment. My practice wishes to be clear about my position when parents are separated or divorced. I need your agreement that our involvement will be strictly limited to therapy or evaluations that will benefit your child. I do not provide forensic or custody evaluations when in a therapeutic relationship.
• Both custodial parents must provide informed consent for their child's treatment unless the divorce decree mandates otherwise.
• When there are two parents involved, I will make an effort to have contact with both parents.
• To maintain transparency and prevent potential conflict, I will include both custodial parents in all written communications (i.e., copying both on every email). This ensures clarity of your children’s treatment.
• It is understood that parents have the right to make all medical and psychological decisions for their minor children unless otherwise so ordered by the court.
• When there is joint custody, either parent can request an end to therapy of the minor child except where one parent has the decision making authority to make medical treatment decisions or there is a court order in place.
Importance of Therapy Confidentiality
If information discussed between the child and therapist is revealed to either parent without the child’s consent, then potential emotional harm can occur.
Children do better if they are able to have a place where they can feel that they are not in the middle of conflict and do not need to take sides.
Effectiveness of treatment is compromised if children feel as if they have to be messengers, reporters, or allies for either parent. As parents, you can provide the therapist with information of relevance for your child’s well-being.
I will keep all information learned from and about the child confidential, although the parents may be given a broad overview of concerns and updates about treatment. If the child agrees that information is to be shared with parents, then specific disclosures will be made available to the parents.
If the information involves abuse, neglect, or safety issues, confidentiality is waived. If the therapist believes that a child is a serious risk or harm to himself or others, the therapist may breach the child’s confidentiality. It is understood that the therapist will encourage and assist children in sharing information with parents when appropriate. The therapist will use informed clinical judgment about what must be shared and about the most effective method of transferring information to parents.
Coparenting Agreement
During a separation or divorce process, emotions can at times heighten, creating a tense environment. Sometimes parents find it hard to separate their feelings about one another to the dynamic in the home environment. A child’s mental health can suffer based on this shift, so it is asked that parents will refrain from making disparaging or developmentally inappropriate comments about the other parent around their child. This may include, but not limited to, finances, affairs, mental health issues, etc.
Parents should avoid creating dynamics that put their child in the middle of the parental conflict or have the child take sides. Parents will also avoid putting the child in a parentified role or that of emotional support.
If conflict arises, parents are encouraged to communicate directly with one another, through a GAL, attorney, or parenting app instead of through their child.
Court Involvement
In order to protect the child’s confidentiality and the effectiveness of treatment, it must be agreed upon that the therapist will not be called as a witness in a court proceeding by either party. As referenced within the confidentiality section above, revealing information discussed between the child and the therapist can have potentially emotionally damaging effects on the child, the family, and the entire treatment process. Once treatment is started, therapists do not notify or write letters about custody or visitation arrangements.
Although my responsibility to your child may require involvement in conflicts between both parents, I need your agreement that my involvement will be strictly limited to that which will benefit your child. This means, among other things, that I will treat anything that is said in session as confidential. Neither parent will attempt to gain advantage in any legal proceeding from the mental health treatment involving your children. In particular, I need your agreement that in any such proceedings, neither parent will ask us to testify in court, whether in person, or by affidavit.
Each parent also agrees to instruct your attorneys not to subpoena or to refer in any court filing to anything we have said or done. If I am subpoenaed in regard to custody or divorce disputes, I may not be able to continue as your child or family’s therapist. Note that such agreement may not prevent a judge from requiring the therapist’s testimony.
If the court appoints a custody evaluator, guardian ad litem, or parenting coordinator, I will provide information as needed (if appropriate releases are signed or a court order is provided), but will not make any recommendation about the final decision.
1. I understand that the evaluation and/or treatment of my child is intended solely to provide treatment to address his or her psychological needs.
2. I understand that therapist is not part of any legal proceedings unless court ordered. This means that they do not write any report for either party supporting his or her position in custody or changes in visitation.
I agree with the policies outlined in this document.