Can a Child's Therapist Testify in a Custody Hearing Without Both Parents Consent

My question involves a child custody case from the State of: California.

Wife and I have been involved in child custody and divorce for 4 years. Our daughter has started to see a therapist as a result of wife's alienation as identified in Child Custody Evaluation. Wife was given authority to choose therapist and I was excluded from the process for nearly 7 months. Now wife wants to call therapist as a witness to the therapy of our daughter (10 years old) and she wants to say our daughter is wanting to not see me.

Does the privilege of Patient/Therapist apply to both parents or can one parent waive confidentiality of the session.

Thanks

John L

The therapist can be subpoenaed, yes.

This is actually from a California attorney and it's actually a pretty good read: http://www.ncamhp.org/readarticle.asp?articleid=11

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4 years?! What's going on, Dad? Where does your daughter live right now? Why weren't you able to be involved?

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Quoting JohnL17

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My question involves a child custody case from the State of: California.

Wife and I have been involved in child custody and divorce for 4 years. Our daughter has started to see a therapist as a result of wife's alienation as identified in Child Custody Evaluation. Wife was given authority to choose therapist and I was excluded from the process for nearly 7 months. Now wife wants to call therapist as a witness to the therapy of our daughter (10 years old) and she wants to say our daughter is wanting to not see me.

Does the privilege of Patient/Therapist apply to both parents or can one parent waive confidentiality of the session.

Thanks

John L

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There is no Patient/Therapist privilege between the therapist and the parents. It would be between the therapist and the child. If the child was adamantly opposed to the therapist testifying that might be an issue.

Although your wife may have been allowed to choose a therapist without need for your agreement, that should not mean that you are not entitled to communicate with your child's school and health care providers, of which this therapist is certainly included.

Consider attempting to very nicely communicate with the therapist regarding your child. It may be that the therapist will be willing to talk to you. If the therapist is truly impartial and primarily concerned over the child's best interests, he or she may be willing to sit down with you to discuss your child, since this will afford the therapist a better perspective on YOU as a parent, and a little more insight into your relationship with your child.