The April article “Should This Therapist Testify at a Divorced Couple’s Custody Hearing?” effectively describes some of the complex issues involved when psychologists interface with the family court system. The discussion involving the psychologist communicating with the judge neglects to mention that a signed release from both parents is required for the psychologist to communicate with the court. If the psychologist obtains the releases and does so communicate, it would be wise for the psychologist to “cc” the letter to both parents’ attorneys, of course with signed releases allowing these communications. Absent both parents cooperating with signing the releases, the psychologist can write the letter directed to the parents, who are his clients, in order for the psychologist to engage the legal system indirectly but assertively, as either parent can then direct the letter to others as he or she sees fit.
However, and perhaps most important, the psychologist is under no obligation to conduct treatment pursuant to a judge’s order. A psychologist can decline to provide such treatment or provide some other treatment pursuant to his or her professional judgment, in which case it may be prudent for the psychologist to notify the court of such, especially if the psychologist wishes to obtain future referrals from the court.
Finally, the article refers to the psychologist proceeding “haplessly” in helping clients with co-parenting, without the goals of this therapy defined by the court. In fact, co-parenting is a specifically defined type of treatment with limited goals that are generally accepted.
Larry Nicholas, PhD
Sacramento, California
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