Child and Youth Counsellors
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Consent for minors when parents seperated
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Consent for minors when parents seperated
Hello, I’ve been taught that you need both parents consent for their child for therapy when they are divorced / separated, unless there is a court order giving one parent/caregiver exclusive decision making power. However, I have twice now been placed in a situation with an contracting agency who refers minors to me after the parents divorce/separate with no court/custody order in place, but says I only need one parent to consent to work with the minor vs both parents. I was informed today by the manager of this agency that they do not ask for the 2nd parents consent if the one parent say he/she can make decisions for their child (without a court/custody order). This manager also stated I don’t need the other parent’s contact info as sessions can just occur when the minor is at the consenting parents house (they chose to share custody). The manager said if the other parent finds out about their child having therapy without his/her consent, then that is between the parents. I felt uncomfortable as this may be questionable and potentially unethical. Any thoughts?
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2 Replies
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This is such a great question – In situations where parents share custody and there are no court documents limiting either parent’s rights, I personally request consent from both parents before proceeding with therapy.
This isn’t just about legal coverage — it’s also about best practice, maintaining ethical integrity, and protecting ourselves as clinicians, especially if you’re contracted or working under an agency. If something goes sideways (e.g., a parent later objects to services or decisions), we’re the ones accountable. Having clear, informed consent from both guardians helps safeguard both the therapeutic relationship and our practice.
Of course, there’s nuance, especially with mature minors but in the absence of clear legal direction or safety concerns, I default to getting consent from both.
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Thank you so much Alicia for your response. I totally agree with you that it is best practice for both parents to sign consent (when no court order) – both for legal reasons and in case a separation ends in court or something goes sideways. I am increasingly being pressured by this agency not to ask for both parents consent in addition to only obtain verbal consent. Best practice is obtaining both parents consent and signed consent as one never knows when something may go sideways.
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