Key Takeaways:
A recent New Jersey law requires both parents to consent before a child can receive any form of therapy.
- If parents disagree, a judge cannot order therapy without “scientifically valid proof” of its effectiveness.
- Originally designed to limit controversial reunification therapy, the broad wording of the law is now preventing children from accessing standard mental health care.
- Parents facing a child custody dispute may need to present substantial evidence to a family court to obtain therapy for their child.
Under a recent update to New Jersey child custody laws, parents who are divorcing must both agree before their child can receive any form of therapy. Although the law was designed to protect children from forced, controversial treatments, it has unintentionally trapped kids in legal limbo. If one parent objects, the child cannot receive treatment unless the other parent can provide extensive, scientifically valid proof to the court that the therapy is effective.
According to Megha R. Thakkar, a family law attorney in Piscataway, parents will find themselves spending more in custody battles to hire experts to recommend that therapy is essential for the child. Thakkar said that a middle-class family in New Jersey does not have the means to hire an expert.
How Does the New Child Custody Law Restrict Therapy?
According to Senate Bill 4510, the court cannot order any treatment program intended to treat a child without the consent of both parties. If parents cannot reach an agreement, the court will not mandate therapy unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the proposed treatment.
The court also requires a showing of “good cause” before moving forward, which places a significant legal and evidentiary burden on the parent advocating for their child’s mental health.
Why Was the Consent Law Passed?
The legislation was largely driven by parents advocating against “reunification therapy,” whereby judges could reflexively order children and estranged parents into this specific type of therapy to mend fractured relationships. Many parents argued that forcing a child into reunification therapy with an estranged parent was deeply traumatizing.
To address this potential source of trauma, lawmakers drafted legislation to limit court-ordered reunification. However, the final law goes much further, applying its strict consent requirements to all forms of family and individual therapy.
What Are the Consequences for Divorcing Families?
When navigating New Jersey family law matters, disagreements over a child’s medical and psychological care are common. But because of this new law, if one parent blocks the therapy, the other parent is forced into a difficult position.
As a result, the second parent must spend substantial time and money hiring professionals to argue that the proposed treatment is scientifically sound and appropriate for the child. While the court waits for this evidence, the child is left without the psychological support they need to cope with the divorce.
How Can Parents Protect Their Child’s Mental Health in a Divorce?
If you believe your child needs counseling and your co-parent refuses to give consent, you have actionable legal steps to consider:
- Mediation: Working with a neutral third party can help parents reach a compromise without court intervention.
- Clinical Assessments: Having a licensed professional evaluate the child can provide the court with the necessary “good cause” to order therapy.
- Legal Intervention: A dedicated family lawyer can help present the necessary scientific evidence and consensus from mental health professionals to satisfy the family court’s strict requirements.
Frequently Asked Questions
Can a judge force a child into therapy in New Jersey?
Under the new law, a judge cannot order a child into therapy without the consent of both parents unless there is scientifically valid proof of the therapy’s safety and effectiveness, along with a showing of good cause.
What is reunification therapy?
Reunification therapy is a form of family counseling aimed at repairing or reestablishing a relationship between a child and an estranged parent.
Can one parent block a child from getting therapy?
Yes, initially. If parents share joint legal custody, one parent’s refusal can halt the therapy process until the family court intervenes and determines there is sufficient scientific proof and good cause for the treatment to proceed.
Protecting Your Family With Thakkar Family Law
If you need professional legal intervention to protect your child, call our trusted and compassionate family law attorneys at Thakkar Family Law at 732-456-7456 or fill out our online contact form to schedule a free consultation at our Piscataway, NJ office.