Need Therapist Testimony Re: Interaction with Child

Asked over 2 years ago - Mountain View, CA

I need my child's therapist to come to court and testify about the interaction she observed with myself and my child, and what she told me about the interaction, and as well as the process to restore visitation "No more visits needed with therapist (her), a couple of supervised visits, then restoration." Therapist says she cannot testify without mother's release. Mother is hostile and will not sign a release. Can I subpoena this therapist and get the judge to compel her to testify (mom will be at hearing)?

Attorney answers (1)

  1. Steven Gary Hittelman

    Pro

    Contributor Level 9

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    Answered . The therapist may be concerned about the "psychotherapist-patient privilege" under the California Evidence Code, and which she has to protect. If your ex is hostile to your getting expanded custody rights then the therapist is also likely concerned about a complaint to her licensing board from her if she goes to court voluntarily.
    Your idea of having her subpoenaed to court is good, but she may not be able to testify about anything your child said (or even did) during their sessions if the Mother won't waive the privilege. The court can limit her testimony to just what was discussed between the two of you, and her observations of your parenting skill and bonding with your child. If the court orders her to do so, the therapist should be able to say that her supervision is no longer necessary and that you are ready to go to the next stage of the visitation plan.

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