No, unless their client agrees or the court deems it necessary. Like other licensed mental health professionals, psychologists must keep their client’s information confidential. However, there are specific situations where they may need to testify in a child custody hearing.
Mental health professionals must uphold utmost confidentiality
Psychologists can only share their client’s information if the client asks them to or agrees to it. If they do need to share information, they must get clear, written permission from their clients. This permission should explain what information they will share, the reasons for sharing it and who will receive it. It should also include the start and end dates for this permission.
However, there are exceptions to the rule
If a client’s physical or mental condition is a key issue in a case or if the court decides that sharing information is necessary for justice, the psychologist can testify. In these situations, confidentiality can be set aside to ensure the court has all the necessary information to decide or deliver justice.
Moreover, Virginia law requires psychologists to report any suspected child abuse or neglect. They must inform the authorities immediately, even if it breaks confidentiality agreements. This rule helps protect vulnerable people, especially children.
What happens if the court calls a psychologist to testify?
If a psychologist testifies in a child custody hearing, they must keep professional and ethical boundaries. They need to protect client confidentiality and stay neutral without taking sides. This helps keep the trust in the therapeutic relationship and ensures their testimony doesn’t affect their professional judgment.
Each child custody case is unique
Every family’s situation is different, and you deserve legal representation that understands your specific needs.
