Weaponizing Clinical Mental Health in Family Justice Courts: Ethical and Legal Minefields

Abstract

In child custody litigation, parents engage in complex and iterative patterns of conflict. These patterns may include allegations of interpersonal violence, addiction, mental health disorders, and parental alienation. In such cases, a licensed mental health professional (LMHP) may be providing clinical services for a child. However, the education and training of LMHPs may not include a thorough understanding of risk when exposed to child custody litigation, including ethical complaints and civil lawsuits. This article explores preventative strategies for managing that risk by applying a forensic model for case management when child custody conflict and litigation enters the clinical portal.