When can a psychotherapist disclose confidential information relevant to a child custody case?

The rationale for disclosing confidential information in the context of a child custody case hinges primarily on the welfare of the child. In situations where a psychotherapist believes that a child's well-being is compromised or could be affected by the circumstances surrounding a custody dispute, they have a legal and ethical obligation to prioritize the safety and best interests of the child. This perspective aligns with the protective mandates often found in child welfare laws, which may allow for exceptions to confidentiality in the interest of safeguarding the child.

While discussions about parenting abilities or consent from the child may be relevant in therapeutic contexts, they do not necessarily provide sufficient grounds for disclosure when the child's safety or welfare is at stake. Furthermore, disclosing information after therapy has concluded does not automatically justify sharing confidential information if it does not align with the best interests of the child. The key point here reflects the overarching legal framework that prioritizes the child's welfare in custody considerations, allowing for disclosure when it is deemed necessary to protect that welfare.