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Subpoena child's therapist in California if other parent won't sign release for testimony?

Mountain View, CA |

I need my child's therapist to testify in a custody case. Other parent will not sign release, and because of this, therapist says she cannot testify. Therapist was appointed by a Minor's Counsel. Minor's Counsel overrides therapist and then lies about it - a pretty routine process at this point, which is why I need therapist to come to court and tell the truth. Your suggestions much appreciated. Thank you.

Attorney Answers 3


  1. Getting a therapist to talk about a patient without every release that therapist wants will be darn near impossible. You can serve the therapist with a trial subpoena and then try to convince the judge to order the therapist to answer questions. I have to say, however, that I think you should consult with an experienced attorney. Seems like you need help.

    Best of luck to you.
    Rebekah Ryan Main

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  2. If the court has said that minor's counsel controls the therapist's privilege for the child, you can't force thge therapist to testify about stuff that the child said in therapy, even with a subpena, if minor's counsel says "no". You probably need to speak to an attorney with substantial high conflict custody litigation experience to figure out your best approach.


  3. Depends if the therapist is treating or reporting , also minors counsel can obtain services for the child but this means coordinate or recommend, not actually "appoint" , only the judge can appoint an expert.

    The answers on this discussion board are general in nature and NOT intended as legal advice. Responding to questions does not constitute an attorney-client relationship. Always see a lawyer about your individual situation.

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