Therapists work hard to establish a bond so that patients feel safe and confident in exposing and exploring their most private feelings, memories, mistakes, and experiences. However, in custody litigation, the requirement to provide treatment notes undermines this therapeutic environment, as patients may fear that their disclosures could be used against them in court.
The therapist-patient privilege is not absolute and can be overridden in legal settings. In custody disputes, courts often determine that parents have waived their therapist-patient privilege simply by contesting custody, which is viewed as placing their mental health in issue.
Judges are not eager to expose the therapy content; the challenge lies in balancing the need to reveal the truth for child custody decisions against the potential harm that could arise from exposing sensitive therapeutic communications.
#therapist-patient-privilege #custody-litigation #child-welfare #therapeutic-trust #legal-considerations
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