ThompsonH MFT5102-7
docx
keyboard_arrow_up
School
Northcentral University *
*We aren’t endorsed by this school
Course
5102
Subject
Law
Date
Jan 9, 2024
Type
docx
Pages
3
Uploaded by BailiffKingfisherPerson984
It is my understanding that among the many roles that an MFT can play during
divorce or custody proceedings, the three major ones include acting in a therapeutic
role as a resource expert and evaluator, a resource for possible interventions, and as an
expert witness (Wilcoxon et al., 2021). When acting as a resource expert, therapists
provide information to the court for interventions, programs, and providing
intermittent services directly to the child or children and their family. Therapists can
also act as an evaluator in child custody cases to assess families and make
recommendations and diagnoses (Wilcoxon et al., 2021). MFTs also provide a resource
for potential interventions, specifically in their duty to warn and child abuse and
neglect reporting. MFTs are an invaluable resource to the courts and the families going
through divorce or custody proceedings.
Similar to mediation, Collaborative Divorce is an approach that incorporates a
team of professionals to assist couples through divorce in a mutually beneficial
manner, ideally without involving the courts and proceeding through it in the usual
adversarial manner (Alba-Fisch, 2016). The team is usually comprised of lawyers for
each partner, one or two mental health professionals that act as a coach, and an
objective financial advisor. The mental health professional’s role in collaborative
divorce is as a coach, advocate, and liaison for the couple. In the single coach
approach, there is one mental health professional on the team that works with both
members of the couple and can help foster healthy communication, goal setting, and
navigate divorce agreements. In cases that involve children, it is common practice to
include a child specialist as well (Alba-Fisch, 2016).
1.
Confidentiality and privileged information: This is possibly the most important
aspect of practice for MFTs. We are bound by our codes of ethics and clients
expect privacy and confidentiality. If we do not abide by these we can cause
serious damage to our clients, and to our reputations and careers (Wilcoxon et al.,
2021).
2.
Child custody and divorce proceedings: It is imperative for MFTs to have at least a
basic understanding of family law and their roles as either a therapist, evaluator, or
expert resource. Being aware of the legal framework regarding these can help
MFTs provide care and the most ideal outcome.
3.
Informed consent and legal obligations: It is common for MFTs to counsel couples
who are or will separate, and may request their files for litigation. It is important
that MFTs are aware of their state laws and consult their attorney when situations
arise such as one party requesting the documents and the other denying them
(American Bar Association, 2017; Wilcoxon et al., 2021). To help avoid this, the
therapist should receive a waiver to release records to either party in the future
after informing them at the beginning of therapy along with consent to treat forms.
Resources
Alba-Fisch, M. (2016). Collaborative divorce: An effort to reduce the damage of
divorce.
Journal of Clinical Psychology, 72
(5), 444–457
American Bar Association. (2017).
ABA section of family law.
Wilcoxon, A. S., Remley, T. P., & Gladding, S. T. (2021).
Ethical, legal and professional issues
in the practice of marriage and family therapy.
Pearson.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help