I currently have court orders that prevent my 4 year old daughter from attending a psychologist - these were put in place by consent as my ex had previously used a psychologist to try to extract 'disclosures' - she had submitted to the court a report from the psych, who outright claimed evidence of abuse perpetrated by me, when in fact none had occurred and what my daughter had told her did not constitute anything abusive at all (as with many things, it's all in the interpretation where behaviour may be totally innocent in most contexts), it had been totally taken out of context and twisted, no doubt because my ex primed the psych to look for it and assume abuse. The court rightly recognised that the psych was biased and at the next hearing, prevented my daughter from attending any psych indefinitely unless I consented to it and could be involved in the sessions, and the family report was provided to the psych so that they had the full background.
Now, almost 2 years down the track, we still have an active case ongoing but my ex would like to take my daughter to see a psych for reasons relating to general anxiety (so she says). I said I would consent if, as per the orders, I am involved and the psych is provided with the family report. However, I suspect we may have a stumbling block in that family reports are not supposed to be shared with anyone not directly involved in the case - not even extended family members. So even though the court orders stipulate that the child can only see a psych if the psych has a copy of the family report, it may not be legal to provide it? The exact wording of the orders is:
That the Wife is hereby restrained, without the expressing written consent of the Husband first being obtained, from arranging or having the children, or either of them attend upon a counsellor, psychologist, psychiatrist or any other mental or alternative health professional.
That should any attendance upon a mental health professional occur, that such professional attend upon and report to both parents, and that they be provided with a copy of the Family Reports.
So are we unable to provide the family report until we get back in court and get specific orders/permission? Or does the implicit consent in the orders allow us to do so immediately?
Now, almost 2 years down the track, we still have an active case ongoing but my ex would like to take my daughter to see a psych for reasons relating to general anxiety (so she says). I said I would consent if, as per the orders, I am involved and the psych is provided with the family report. However, I suspect we may have a stumbling block in that family reports are not supposed to be shared with anyone not directly involved in the case - not even extended family members. So even though the court orders stipulate that the child can only see a psych if the psych has a copy of the family report, it may not be legal to provide it? The exact wording of the orders is:
That the Wife is hereby restrained, without the expressing written consent of the Husband first being obtained, from arranging or having the children, or either of them attend upon a counsellor, psychologist, psychiatrist or any other mental or alternative health professional.
That should any attendance upon a mental health professional occur, that such professional attend upon and report to both parents, and that they be provided with a copy of the Family Reports.
So are we unable to provide the family report until we get back in court and get specific orders/permission? Or does the implicit consent in the orders allow us to do so immediately?
