Can Custody Mandate Attendance at Child’s Therapy Reviews?

Mental health plays a significant role in a child’s overall development and well-being, and therapy is often a crucial component in addressing any emotional, psychological, or behavioral challenges. When one parent is the primary caregiver or guardian during therapy, ensuring both parents’ involvement is key to the child’s emotional stability and therapeutic progress. A custody agreement that mandates attendance at therapy reviews can promote co-parenting, provide mutual understanding, and ensure both parents are equally informed about the child’s treatment plan.

While parents should be involved in the child’s therapy to the extent that it is healthy for the child, there are important ethical considerations about the child’s privacy and emotional comfort during therapy. A balance must be struck to ensure both parents are engaged without undermining the therapeutic process.

Legal and Practical Considerations for Mandating Attendance at Therapy Reviews

• Child’s Best Interests: The primary concern in any custody arrangement is always the best interests of the child. Attending therapy sessions can help parents stay informed about the child’s needs, emotional progress, and therapeutic goals. This ensures that both parents are actively participating in the mental health treatment and can reinforce positive outcomes at home.
• Child’s Privacy and Comfort: Therapy is often a safe space where children can express themselves without fear of judgment or conflict. Mandating both parents’ attendance at every therapy review may affect the child’s ability to open up or feel comfortable. In these cases, it’s important to establish boundaries that respect the child’s privacy. The custody agreement can allow for one parent to attend therapy reviews or sessions, with the other parent being updated through written or verbal communication from the therapist.
• Therapist’s Role in Attendance: Many therapists work to create an environment where children feel safe to share their thoughts and feelings. If both parents are involved, it may be necessary to have discussions with the therapist about how the parents’ presence might affect the therapy process. A therapist may suggest that one or both parents attend certain reviews but not others based on the child’s comfort and therapeutic needs.
• Communication and Coordination Between Parents: Ensuring both parents are involved in therapy without creating conflict requires good communication. A custody agreement can outline the role each parent plays in the therapeutic process and coordinate attendance at therapy reviews. Parents must agree to communicate openly with each other about therapy progress and follow-up actions, ensuring that both are equally informed.
• Legal Requirements and Rights: In some jurisdictions, family courts may require both parents to attend therapy reviews if the therapy is part of a court-ordered treatment plan. Additionally, both parents may have equal rights to access information about the child’s mental health treatment unless there is a specific restriction due to safety concerns or the child’s wishes.

Benefits of Mandating Parental Attendance at Therapy Reviews

• Consistency in Emotional Support: Parents’ involvement in therapy sessions provides the child with consistent emotional support from both sides of the family. The child sees that both parents care deeply about their emotional well-being and are actively involved in the process, which can boost their confidence and help them feel supported.
• Unified Parenting Approach: Attending therapy reviews together ensures that both parents are on the same page regarding the child’s emotional needs and treatment plan. This can help avoid misunderstandings or conflicting parenting styles when it comes to managing the child’s behavior or emotional issues.
• Strengthening Co-Parenting: Mandating shared responsibility for the child’s mental health treatment can foster a stronger co-parenting relationship. Both parents can work together to support the child, which encourages mutual respect and cooperation in other aspects of the child’s life as well. It sends the child the message that their well-being is a priority for both parents.
• Increased Parental Accountability: When both parents attend therapy reviews, they are equally responsible for following through on the therapist’s recommendations. This can lead to more effective implementation of therapeutic goals at home, as each parent is informed and engaged in the child’s progress.

Challenges of Mandating Parental Attendance at Therapy Reviews

• Child’s Emotional Comfort and Privacy: For some children, having both parents present during therapy sessions may be overwhelming, particularly if the child is dealing with issues like divorce, separation, or conflict between the parents. In these cases, the child might feel torn or anxious about expressing themselves in front of both parents. It’s important to consider the child’s emotional safety and comfort as the top priority.
• Potential for Parental Conflict: In some co-parenting situations, parents may have difficulty cooperating or communicating, which could lead to tension during therapy reviews. If there is ongoing conflict or hostility between the parents, attending therapy reviews together may result in uncomfortable or confrontational situations that could undermine the therapeutic process.
• Therapist’s Discretion: Some therapists may prefer to have only one parent present at a time, particularly when working with children who are dealing with trauma or complex emotional issues. The therapist may decide that having both parents present could negatively impact the child’s ability to engage in therapy. In these cases, the custody agreement should allow flexibility for the therapist to recommend the most suitable approach.
• Scheduling and Logistical Challenges: Mandating both parents’ attendance at therapy reviews can present scheduling challenges, particularly if the parents have different work hours or other commitments. The custody agreement should include provisions for flexible attendance or the option for one parent to attend while the other is updated afterward.

Example:

Scenario: Sarah, a 10-year-old, has been seeing a therapist for anxiety related to her parents’ recent divorce. The custody agreement includes a provision that both parents will attend therapy reviews every two months to stay updated on Sarah’s progress and therapeutic goals.

Parenting Plan for Therapy Reviews:

• Both parents: Will attend the therapy review session, but the therapist has the discretion to suggest changes based on Sarah’s emotional comfort. If Sarah expresses discomfort with both parents attending, the therapist will recommend one parent attend, while the other will be updated afterward.
• If conflicts arise between the parents during the review session, the therapist may ask that one parent leave the room to maintain a calm and constructive environment.
• After each therapy review, both parents will agree to meet separately to discuss follow-up actions and implement therapy recommendations at home.

Conclusion:

Mandating parental attendance at a child’s therapy reviews in a custody agreement can be a beneficial way to ensure both parents are actively involved in the child’s mental health care. It fosters better communication, provides consistent emotional support, and helps both parents stay informed about the child’s needs. However, it is crucial to balance this with respect for the child’s privacy, emotional comfort, and the therapeutic process itself. Clear guidelines, flexibility, and communication are essential to ensure that such provisions are implemented in a way that benefits the child’s overall well-being.