Confidentiality in Separation and Divorce

Does Quirky Kid require consent from both parents?

Quirky Kid does not automatically require consent from both parents. In the absence of relevant orders, a psychologist may generally be able to rely on consent from one parent. However, we seek the involvement and consent of both parents where it is safe, appropriate and in the child’s best interests.

Involving both parents can improve consistency around treatment goals, recommendations and practical arrangements. It can also reduce the risk that treatment is disrupted later. This is a clinical and risk-management approach, not a claim that consent from both parents is always legally required.

Where it is not safe or appropriate to involve both parents, such as when there are family violence concerns, the psychologist will consider the available information carefully and document the reasons for their decision.

What happens if parents disagree?

If one parent objects to psychological treatment, Quirky Kid will try to understand and resolve the concerns where it is safe to do so. This may include clarifying the purpose and scope of treatment, explaining the psychologist’s role and offering each parent consistent information about the service.

A disagreement does not create one automatic outcome. The psychologist must consider the child’s clinical needs and views, their capacity to consent, the nature of the proposed service, any risk of treatment being undermined or abruptly stopped, family violence or other safety concerns and any relevant orders. Depending on the circumstances, it may be appropriate to continue, pause, modify or refer the service. Professional consultation and legal advice may also be required.

How parenting and court orders affect consent

Both parents ordinarily have parental responsibility after separation, subject to any court order. Australian family law no longer contains a presumption of equal shared parental responsibility. Where it is safe, parents without parenting orders are encouraged to consult one another about major long-term decisions and act in their child’s best interests.

Orders can allocate joint or sole decision-making about health and other major long-term issues. If an order requires joint decision-making about the relevant service, both parents may need to agree. If one parent has sole decision-making responsibility for the relevant health matter, that parent may be able to consent without the other parent.

Parents should give the psychologist complete and current copies of court orders or parenting plans relevant to healthcare, counselling or psychological services. Parenting plans may record agreed arrangements, while court orders are legally enforceable. If the meaning or effect of an order is uncertain, the psychologist may need independent legal advice. It is not the treating psychologist’s role to interpret contested orders for the family or enforce communication between parents.

Can either parent access the child’s records?

Consent to treatment and access to clinical records are related but separate questions. A parent is not automatically entitled to every document simply because they are a parent or contributed to the cost of treatment.

When responding to a request, the psychologist must consider the child’s capacity, who has care and parental responsibility, current orders, whether the requesting person has authority to act for the child, safety concerns, possible undue influence and the privacy of other people mentioned in the record.

Access can sometimes be refused or limited where a lawful exception applies, including when disclosure would create a serious threat to someone’s life, health or safety or have an unreasonable impact on another person’s privacy. In some circumstances, an accurate summary, redacted record or access through an intermediary may be more appropriate than releasing the complete file.

A hypothetical example

Two siblings, aged 7 and 10, are referred by one parent during a difficult separation. The presenting parent says communication with the other parent is inconsistent and expects that they will object to treatment.

Before deciding how to proceed, the psychologist asks about current parenting and court orders, family violence or safety concerns, who can make health decisions and whether the other parent can be contacted safely. If there are no relevant orders, consent from the presenting parent may be sufficient. Quirky Kid will nevertheless seek the other parent’s involvement and consent where this is safe, appropriate and likely to support the children’s treatment.

If the other parent later objects, the psychologist does not automatically disclose the children’s session content or automatically continue or terminate treatment. The concerns, orders, children’s needs and views, consent capacity, safety and likely consequences of interruption are reviewed. The psychologist documents the reasoning, seeks professional or legal advice when needed and decides whether treatment should continue, pause, change or be referred.

This differs from using treatment as a source of evidence in a parenting dispute. A parent-only consultation remains focused on the children’s treatment. It is not confidential individual therapy for the parent unless a separate service and record have been established.

What if parents separate during treatment?

If parents separate while their child is already attending therapy, the psychologist should revisit the consent and communication arrangements. Parents should promptly provide any new or amended orders and identify emerging safety concerns.

The psychologist may clarify who will receive appointment information, how feedback will be provided, what parent communications enter the child’s record and whether changes to treatment are needed. Wherever possible and safe, parents should receive consistent recommendations rather than asking the child or psychologist to carry messages between households.

What happens if records are subpoenaed?

A request from a parent, solicitor or other third party is not the same as a subpoena. A valid subpoena is issued through a court and may require a psychologist to produce documents, attend to give evidence or both. It should never be ignored.

Documents produced under subpoena are provided to the court, not automatically handed to the parent or solicitor who requested them. The court controls whether and how the material may be inspected or copied. Medical records and documents containing protected confidences receive particular consideration.

Since 10 June 2025, the Family Law Act has allowed the court to protect certain confidential information arising from health, sexual assault or family violence services. A protected-confidence order can be made when the likely harm from producing, inspecting or using the information outweighs its benefit to the proceedings. A psychologist, the person whose information is involved, a person with parental responsibility or another eligible person may be able to object or seek protection. The court makes the final decision.

Psychologists should obtain legal advice promptly when served with a subpoena. Parents involved in proceedings should seek advice from their own family lawyer about objections, protected confidences and access to documents.

Treatment is different from a family court assessment

A treating psychologist provides psychological care to the child. Their role is not to determine parenting arrangements, investigate competing allegations or recommend which parent should make decisions.

If a court requires an independent assessment of family relationships or parenting issues, it may involve a Court Child Expert, family consultant or another appropriately qualified independent professional. Keeping treatment and forensic roles separate helps reduce conflicts of interest and protects the child’s therapeutic relationship.

Practical steps for separated parents

• Tell the clinic about the separation and provide complete, current orders relevant to health or psychological care.
• Raise family violence, coercive control or other safety concerns privately and early.
• Agree on practical communication arrangements where it is safe to do so.
• Do not ask the child to conceal therapy or carry information between parents.
• Do not use treatment sessions to gather evidence or ask the treating psychologist to decide a parenting dispute.
• Understand that relevant themes and recommendations may be shared without disclosing every detail of the child’s sessions.
• Remember that parent communications about the child may form part of the child’s clinical record.
• Seek legal advice when orders are unclear, a parent objects or court proceedings affect treatment.

Dr Kimberley encourages parents to keep the child’s needs at the centre of the process. The goal is to create enough safety, clarity and consistency for psychological support to remain useful, even when parents have different views.

For practical guidance on supporting children through family change, read parenting after divorce. If you would like to discuss whether psychological support is appropriate for your child, learn more about child psychology consultations or contact the Quirky Kid team.