Psychology Services for Children of Separated Parents

Parental Responsibility After Separation

Under Australian family law (Family Law Act 1975), separation does not, by itself, remove a parent’s parental responsibility.

Parental responsibility refers to the duties, powers, responsibilities, and authority that parents have in relation to their children. Unless a Court Order provides otherwise, each parent ordinarily continues to have parental responsibility after separation.

The law changed on 6 May 2024. There is no longer a legal presumption of equal shared parental responsibility when a court makes parenting orders.

This is important because parental responsibility and joint decision-making are not necessarily the same thing.

A Parenting Order may specifically provide that:

• One parent has responsibility for particular decisions.
• Both parents are required to make particular decisions jointly.
• Another person has responsibility for particular decisions.
• Particular arrangements apply to issues such as health, education, or psychological care.

Where an order provides for joint decision-making about a major long-term issue, the people named in the order are required to consult with one another and make a genuine effort to reach a joint decision.

This is why we ask families to tell us about any Parenting Orders or other relevant legal arrangements before services commence.

Consent for Psychology Services When Parents Are Separated

Psychological services require valid informed consent.

The Psychology Board of Australia’s Code of conduct for psychologists requires psychologists to consider the client’s capacity to make decisions and provide consent, including when working with children and young people. This involves considering the young person’s maturity and understanding, the nature of the proposed psychological service, and whether consent is required from a parent, guardian, substitute decision-maker, or other legal representative.

For children who are not able to provide their own informed consent, a parent or other person with appropriate legal authority will generally provide consent.

Our approach where parents are separated

Where another parent also has parental responsibility for a child, aMAZEin’ Minds will generally seek the informed consent of both parents before commencing non-urgent psychological assessment or therapy.

This is a clinic policy designed to:

• Clarify the authority and expectations of everyone involved before services begin.
• Reduce the likelihood of a child becoming caught between parental disagreements.
• Support transparent communication about the purpose and scope of psychological services.
• Protect the therapeutic or assessment relationship.
• Ensure that our psychologists can provide services safely, ethically, and effectively.

This policy does not mean that Australian family law requires both parents to consent to every healthcare decision.

Different arrangements may apply where, for example:

• A Parenting Order gives one person sole decision-making responsibility for the relevant issue.
• An order otherwise changes or limits a parent’s parental responsibility.
• A young person has sufficient maturity and capacity to provide informed consent for the particular service themselves.
• There are family violence, child safety, or other significant safety considerations.
• Another legal arrangement determines who may consent.

These situations will be considered individually.

Please Provide Any Parenting Orders Before the First Appointment

If Parenting Orders, Court Orders, intervention orders, parenting plans, or other relevant legal documents are in place, please tell us during intake.

Where relevant, we may ask you to provide a copy before the child’s first appointment.

We need to understand any provisions that relate to:

• Parental responsibility.
• Decision-making about health or psychological care.
• Communication between parents.
• A child’s contact with either parent.
• Restrictions on the disclosure of information.
• Family violence or safety concerns.
• Any other provision that could affect the delivery of psychological services.

Our administrative and clinical staff cannot interpret disputed legal arrangements or provide family law advice. Where the effect of an order is unclear, we may ask the family to obtain clarification or independent legal advice before services proceed.

What if the Other Parent Does Not Agree?

Sometimes one parent would like a child to attend psychology services while the other does not.

A disagreement between parents does not automatically tell us who has legal authority to make the decision. We first need to consider any relevant Parenting Orders and the circumstances of the referral.

However, even where one parent may have legal authority to provide consent, significant parental disagreement can affect whether it is clinically appropriate for us to commence or continue a service.

Depending on the circumstances, we may:

• Request further information or relevant legal documents.
• Discuss the issue with the consenting parent.
• Seek professional or legal consultation.
• Delay commencement while consent or decision-making arrangements are clarified.
• Determine that our clinic is not the appropriate service while an active parenting dispute remains unresolved.

Our psychologists are therapeutic and assessment practitioners. We are not family law decision-makers and cannot resolve disputes between parents about whether a child should receive psychological services.

The Child or Young Person Is Our Client

When we provide an individual psychological service to a child or young person, our professional responsibilities are primarily to that child or young person.

Parents and caregivers are often important participants in assessment and therapy. They may provide developmental information, support recommendations, attend parent consultations, or assist with implementing strategies.

However, psychological services should not be used to advance one parent’s position in a dispute with another parent.

Our psychologists do not take sides in parenting disputes.

Communication With Separated Parents

Where both parents remain involved in decisions concerning their child’s psychological care, we aim to communicate in a manner that is clear, appropriate, and consistent with the child’s privacy, any relevant legal arrangements, and the purpose of the psychological service.

Depending on the circumstances, significant administrative or clinical information may be communicated to both parents.

We do not ordinarily act as an intermediary between separated parents. Parents should not use the psychologist or our administration team to pass messages to one another or resolve disagreements unrelated to the psychological service.

Where communication arrangements are affected by Court Orders or safety considerations, these will take precedence.

Children’s Privacy and Confidentiality

Children and young people also have privacy interests.

Psychological therapy depends on children and adolescents being able to speak with their psychologist with an appropriate level of privacy. Parents should therefore not expect to receive a detailed account of everything their child discusses during sessions.

The amount and type of information shared with parents will depend on factors including:

• The child’s age, maturity, and capacity.
• The nature of the psychological service.
• What the child and family were told when consent was obtained.
• The clinical purpose of sharing the information.
• Privacy and confidentiality obligations.
• Any relevant Parenting Orders or other legal requirements.
• Safety considerations.

Psychologists will discuss confidentiality and its limits with children, young people, and parents as appropriate.

Information may also need to be disclosed without consent in circumstances where disclosure is required or authorised by law, including particular child safety, serious risk, or legal processes.

Can a Parent Access Their Child’s Psychology Records or Report?

A parent’s involvement in their child’s care does not necessarily mean that every piece of clinical information can automatically be released to them.

Requests for psychology reports, clinical records, correspondence, or other information are considered individually.

Relevant considerations may include:

• The child’s age and capacity.
• Who provided consent for the service.
• The child’s privacy interests.
• The nature and purpose of the information.
• Relevant privacy and health records legislation, for example the Health Records Act 2001.
• Parenting Orders or other Court Orders.
• Safety considerations.
• Whether another person’s information is contained within the record.

Please contact the clinic if you would like to request access to information.

Psychological Assessments and Separated Parents

For psychological assessments, it is particularly important that the purpose of the assessment is clear from the outset.

Before accepting an assessment referral, we may clarify:

• Who is requesting the assessment.
• The questions the assessment is intended to address.
• Who has authority to consent.
• Who will receive the assessment report.
• Whether the report is intended for clinical, educational, disability, or other purposes.
• Whether there are current or anticipated family law proceedings.

Information provided by parents, teachers, and other people involved in an assessment forms part of the clinical information available to the psychologist. Where appropriate, people providing information will be informed about how that information may be used.

Family Court and Parenting Proceedings

aMAZEin’ Minds provides psychological assessment and therapeutic services. We are not a forensic family law service.

Our treating psychologists do not determine:

• Where a child should live.
• How much time a child should spend with either parent.
• Which parent should make parenting decisions.
• Whether one parent’s account of a parenting dispute is more credible than another’s.
• What parenting arrangements a Court should make.

A treating relationship is different from a forensic assessment undertaken specifically to assist a court.

If your child is currently involved in family law proceedings, please tell us before commencing services so that we can determine whether our role and the purpose of the referral are appropriate.

Clinical records may also be subject to lawful legal processes, including subpoenas or Court Orders. Psychological services should therefore never be understood as creating records that are automatically protected from disclosure in future proceedings.

Family Violence and Safety Concerns

Please tell us if there are family violence concerns, intervention orders, restrictions on communication, or other circumstances that may affect the safety of the child, a parent, or our staff.

We will not require parents to communicate directly with one another where doing so would be unsafe or inconsistent with a Court Order.

Safety concerns may also affect how we:

• Arrange appointments.
• Communicate with family members.
• Record contact details.
• Share information.
• Conduct parent consultations.
• Obtain consent.

Where necessary, we may request relevant documentation so that appropriate arrangements can be put in place.

What if Family Circumstances Change During Psychology Services?

Please let us know as soon as possible if circumstances change while your child is attending aMAZEin’ Minds.

This includes:

• Parents separating.
• New or amended Parenting Orders.
• Changes to parental responsibility or decision-making arrangements.
• Intervention orders.
• Changes to living arrangements.
• New family violence or safety concerns.
• A parent withdrawing consent for psychological services.

A significant change may mean that consent, confidentiality, communication, or the appropriateness of continuing services needs to be reviewed.

Our Approach

Families can look very different, and separation does not necessarily mean parents are in conflict.

Our aim is not to impose assumptions about separated families. It is to make sure that psychological services are established clearly, consent is valid, the child’s privacy and wellbeing are respected, and everyone understands the psychologist’s role from the beginning.

Where circumstances are legally or clinically complex, we may pause before commencing services while the appropriate arrangements are clarified.

This information is general information about aMAZEin’ Minds Psychology’s service policies and is not legal advice. Family law and consent arrangements can vary according to individual circumstances and Court Orders. Families who are uncertain about their legal rights or responsibilities should obtain independent legal advice.