Christine D. Gille, Esq., JD, MBA, CFLS and Linda Bortell, Psy.D., will examine the intersection of ongoing therapy for adults and children with ongoing litigation and custody disputes. How is therapy compromised when the law comes into the consulting room? Who really holds the privilege? How can disclosures help/hurt the child or the parent? They will discuss potential harm to the individual and the best interest of the child when information is or is not released; when to use waiver, tendering, child abuse reporting, and Tarasoff. They will cover the ethics and dual roles of the mental health community, what is discoverable, how lawyers need to navigate around and through these restrictions to put on their custody cases, as well as "rules" for individual vs. conjoint vs. reunification therapy from a psychological and legal standpoint. Lastly, they will weigh in on amended Family Code Section 3040(d), effective January 1, 2024, which asks courts to make findings when “mental illness” affects best interests. |