Should Your Child's Therapist Testify in Your Custody Case?
When parents are navigating custody proceedings, they often look for any source of support or evidence that might help their case. In this context, it may seem natural to consider asking your child's therapist to testify about their observations and professional opinion. After all, the therapist knows your child well and has expertise in child development and family dynamics. However, this decision carries significant ethical complications and potential harm to your child that parents must carefully consider.
The Role of a Child's Therapist
To understand why therapist testimony is problematic, it's important first to understand the unique role of a child therapist. A child's therapist serves as a neutral, safe figure whose primary responsibility is to the child's emotional well-being and therapeutic progress. The relationship between therapist and child is built on trust, confidentiality, and the understanding that the therapy space is a refuge where the child can express thoughts and feelings without fear of judgment or consequences.
This therapeutic relationship requires several foundational elements, including unconditional positive regard for the child, neutrality regarding family conflicts, confidentiality (within legal and ethical limits), and a focus on the child's needs rather than parental agendas.
When a therapist is asked to testify in custody proceedings, all of these foundational elements are potentially compromised.
Why Therapist Testimony Is Problematic
The issues with having a child's therapist testify in custody proceedings are both ethical and practical.
Violation of Neutrality
A custody case, by nature, involves taking sides. If a therapist testifies for one parent, they are necessarily seen as aligned with that parent against the other. This destroys the therapist's position as a neutral support for the child and can make it impossible for the child to trust that the therapy space remains separate from the parental conflict.
Damage to the Therapeutic Relationship
Children need to trust that what they share in therapy stays in therapy. Once a child learns that their therapist has testified in court, potentially sharing things the child said in confidence, that trust is irrevocably damaged. The child may become guarded in future sessions, significantly limiting the therapeutic benefit.
Dual Relationship Conflicts
Serving as both a therapist and an expert witness creates what's called a "dual relationship," which violates ethical guidelines in most mental health professions. The roles of therapist (focused on the child's internal experience and therapeutic needs) and evaluator (focused on making recommendations about custody arrangements) require fundamentally different approaches and cannot be effectively combined.
Limited Scope of Observation
A therapist's observations are limited to what happens in the therapy room and what the child and parents report. This is a very narrow view compared to the comprehensive evaluation needed to make custody recommendations. A therapist doesn't observe parent-child interactions in the home, doesn't interview extended family or other collateral sources, and doesn't conduct formal assessments of parenting capacity.
Potential for Harm
Research in child psychology consistently shows that children suffer when caught in the middle of parental conflict. Having their therapist testify can intensify the child's sense of being pulled between parents and can increase their feelings of guilt, anxiety, and divided loyalty.
These concerns are not theoretical but based on established ethical guidelines and clinical experience.
The Alternative: Custody Evaluations
If the court needs professional input about what custody arrangement serves the child's best interests, the appropriate avenue is a formal custody evaluation, not therapist testimony. Custody evaluations are conducted by mental health professionals specifically trained in forensic evaluation, and these evaluators are not providing therapy to the child or any family member.
A proper custody evaluation includes a comprehensive psychological assessment of all relevant parties, observations of parent-child interactions, interviews with collateral sources (teachers, extended family, etc.), review of relevant records and documents, and formal recommendations based on the child's best interests.
The evaluator maintains objectivity precisely because they don't have a therapeutic relationship with anyone involved. Their role is evaluative from the start, and everyone understands this.
Exceptions and Special Circumstances
There are limited circumstances where a therapist might appropriately become involved in custody proceedings.
Subpoena
If a therapist is subpoenaed to testify, they are legally required to comply, though they should still work to limit testimony to what is necessary and least harmful to the therapeutic relationship. Many therapists will consult with attorneys and may file motions to quash or limit subpoenas that would require them to violate confidentiality or compromise the child's care.
Child Safety Concerns
If a therapist has knowledge of abuse or serious safety concerns, they have a legal and ethical duty to report this to appropriate authorities. This is different from testifying in custody proceedings, though such reports may ultimately influence custody decisions.
Limited Information Sharing
In some cases, with appropriate consent, a therapist might provide limited factual information to the court without offering opinions about custody. For example, confirming that a child is in treatment and the frequency of sessions. However, even this must be carefully considered in terms of its impact on the therapeutic relationship.
Even in these exceptions, the potential harm to the therapeutic relationship must be weighed carefully.
What Parents Should Consider
If you're considering asking your child's therapist to testify or are being pressured by an attorney to do so, consider these questions.
What is my primary goal? If your primary concern is your child's well-being rather than winning the custody case, protecting the therapeutic relationship should be a priority. How will this affect my child's therapy? Will your child still feel safe opening up to their therapist after seeing them testify? Will they feel their confidentiality has been violated? Is there an alternative? Can you request a formal custody evaluation instead? Can you provide other forms of evidence for your case? What does the therapist say? Most ethical therapists will explain why they cannot appropriately testify and may help you identify alternatives.
Your attorney may push for therapist testimony because they see it as advantageous for your case. However, your attorney's job is to win your case, not to protect your child's therapeutic relationship. You must make this decision based on what's truly best for your child's long-term emotional well-being.
Protecting Your Child's Therapeutic Space
Throughout custody proceedings, you can take steps to protect your child's therapy as a neutral, safe space.
1. Avoid Using Therapy as Evidence
Resist the temptation to ask your child about what happens in therapy or to try to get your child to say things in therapy that might help your case. This turns therapy into an extension of the custody battle.
2. Communicate Clearly with the Therapist
Let the therapist know about the custody proceedings, but make clear that you want to preserve therapy as a safe space for your child, separate from the legal conflict.
3. Consider Separate Support for Yourself
If you need support navigating the custody process, seek your own therapist rather than relying on your child's therapist for guidance. Individual therapy for yourself can provide the support you need without compromising your child's care.
4. Shield Your Child from Details
As much as possible, keep your child out of the details of the custody proceedings. Don't ask them to carry messages, choose sides, or testify about their preferences unless the court specifically requires it.
These protective steps help ensure that therapy remains a resource for your child throughout a difficult time.
What Therapists Need to Communicate to Parents
Therapists have a responsibility to educate parents about these issues from the beginning of treatment. At IMPACT Psychological Services, our clinicians are trained to clearly explain the limits of confidentiality, including circumstances where information might need to be shared with the court, discuss the problems with dual relationships and why therapists generally cannot serve as expert witnesses in custody cases, help parents understand appropriate alternatives like custody evaluations, and set clear boundaries about the therapist's role.
This upfront communication helps prevent misunderstandings later and protects both the therapeutic relationship and the child's well-being.
Making the Right Choice for Your Child
Custody proceedings are stressful for everyone involved, but especially for children who need stability and support during this time. Your child's therapy should remain a constant, safe space throughout this transition, not another arena where the parental conflict plays out.
While therapist testimony might seem advantageous for your legal case in the short term, the long-term cost to your child's therapeutic relationship and emotional well-being is rarely worth it. A custody evaluation by a neutral professional is the appropriate way to provide the court with expert input about your child's needs.
If you're facing custody proceedings and have questions about how to support your child through this process, or if you need help finding appropriate family therapy resources, IMPACT Psychological Services can help. Our team understands the complex ethical and clinical issues involved in custody situations and can provide guidance on how to best support your child's mental health during this challenging time.
Remember, the goal isn't just to win your custody case but to ensure your child emerges from this family transition as healthy and resilient as possible. Protecting their therapeutic relationship is an important part of achieving that goal.
At IMPACT, we are committed to supporting your mental health and well-being. Our experienced team of professionals are here to help you navigate life's challenges and achieve your goals. If you found this blog helpful and are interested in learning more about how we can assist you on your journey, please don't hesitate to reach out. Take the first step towards a healthier, happier you. Contact us today to schedule a consultation.
