In an article published in the March issue of Washington Parent, Lindsay Parvis explores common mental health provider services utilized during separation, the legal aspects of a family breakup and an introduction to mental health privilege.
Parvis states that when parents break up, a family is faced with major life changes, and individual family members and even entire families may begin to receive services from one or more mental health providers. She explains mental health privilege, which is the right to decide to keep certain information confidential, “off limits” and out of court in contested litigation.
Privilege can be waived, Parvis writes, which would allow disclosure of privileged information to the other parent and used as evidence at trial, but privilege laws vary by jurisdiction. Maryland, Washington, D.C., and Virginia all have different laws about privilege, so it’s important to meet with a lawyer who understands each.
Parvis concludes by stating that parents who are separating must consider what’s in the best interests of their children from both the legal and the mental health perspectives when they’re going through life changes. However, they also must understand how the two intersect, particularly when mental health information is not privileged.
Read the full article “Mental Health Confidentiality During Separation and Divorce” (PDF) for more information.
