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Keep the Therapists Out of It!
It seems obvious: If you want to know about a litigant's mental state or a child's psychological needs, ask the litigant's or child's therapist. Wrong! There are good reasons not to confuse treating-therapists with expert witnesses. The testimony of treating-therapists rarely contributes to the litigation and calling on the treating-therapist will usually destroy therapy. Here are some reasons why, in my opinion:
Treating-Therapists Are Poor Witnesses
Treating-therapists' testimony is seldom probative, often irrelevant and prejudicial, and it is likely to be poorly presented. Unlike an expert witness, therapists have only the information patients give them. They rarely check against other sources; they generally remain allied with patients by only doubting patients' reports under special circumstances. Basically, all they can testify to is what the patient thinks. Furthermore, therapy is designed to let patients try on various attitudes and ideas, so patients often express strong opinions to their therapists that they would not stick by in real life. Patients often want to please their therapists and may also express views that mirror the therapist's. This is particularly a problem when it comes to children's custody wishes. The therapist may unwittingly be getting information designed to please him or her rather than reflecting the child's own ideas and opinions.
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