Bridging Therapy and Justice: Properly Bringing Child Therapy Evidence into Court

This presentation examines how family law counsel can support child therapy in ongoing parenting disputes without turning treatment into a litigation tool. It emphasizes early, structured court orders that address the selection of an appropriate mental health professional, parental obligations to protect the counselling process, and the role of the Office of the Children’s Lawyer where appropriate, while also drawing careful limits around communication with clinicians and access to clinical records. The materials highlight the Safe Harbour treatment model, the protection of children’s privacy and therapeutic trust, the restriction on using treating clinicians as section 112 assessors under the Courts of Justice Act, and the limited circumstances in which participant expert evidence may be used under Rule 20.2(14), with reference to Westerhof v Gee Estate. Practical takeaways include raising these issues at an early stage, preventing either parent from unilaterally stopping therapy, relying on focused summary information rather than session notes, and using clearly defined processes that preserve the child’s wellbeing while still producing useful evidence for the court.