Court involvement does not merge treatment, custody evaluation, and legal decision-making. These functions must be distinguished at the outset.
Treatment and evaluation answer different questions
The purpose of treatment is to address clinical needs and relationships. A custody evaluation answers a defined forensic question using an evaluative method. A reunification therapist should not be expected to switch between those roles without a separate, appropriate basis.
The AFCC Guidelines for Court-Involved Therapy distinguish treating and forensic experts and emphasize the limits of the treating role. A proposed engagement should make the role clear to the clinician, the participants, and the relevant professionals.
Information sharing should have a defined basis
Ask what authorizations and orders govern professional communication. Clarify its purpose, expected recipients, and any limits. A public statement about professional coordination does not substitute for the terms of an actual engagement.
A clinical progress communication, a request for records, formal testimony, and an evaluative opinion involve different purposes and obligations. Their scope must be clarified for the particular engagement.
Opinions require an appropriate foundation
A professional account should distinguish direct clinical observations, collateral information, patient reports, and the clinician’s interpretations. The extent and limitations of the information available affect what conclusions can responsibly be offered.
A request from a party does not by itself establish that the therapist can provide the requested opinion. Clarify limitations before treating anticipated testimony or a report as part of a litigation plan.
Questions to resolve at the beginning
Who is the client? What work is being accepted? What is outside the engagement? How will concerns about the process be communicated? What happens if the court requests work that the clinician has not agreed to undertake?
These questions help make the referral more precise. They also give parents a clearer understanding of the professional’s responsibilities.