Can a minor refuse court-ordered reunification therapy with her father?

by | Mar 16, 2017 | Ask the Lawyer | 0 comments

Question asked on Mar 06th, 2017

Q: She says she’s “not emotionally ready” to start seeing her father. He held her (and sister, mother) hostage when he was crazed out on Methamphetamine 2 years ago. Up to that point he had been psychologically and emotionally abusing her (and her family) for about 4 years. She has been in therapy for the past 2 years and has made great progress. She is extremely mature for her age. She comes out of the reunification therapy sobbing and emotionally distraught, saying the therapist is going too fast and that she “bullies” her and her sister. She says she can not speak her mind or talk about what she needs to talk about. She says the reunification therapy is “all about him (her father)”. Does she have any rights? The emotional abuse is well documented by her therapists and of court record. We are in Reno, NV (if that’s pertinent), and I have sole custody and share 50/50 legal with their father… thank you!

A: This subject was a topic examined at the annual Family Law Conference about 2 weeks ago, attended by many family law attorneys and judges.  Yes, the child has “rights” — but one of those is to have a healthy relationship with two parents, if that is possible.  The expert who lectured, reviewing the literature and studies, indicated that in virtually every case of estangement, the children affected are generally benefited by reunification.  That said, every case is different and no child should be put in a position of continuing abuse — but it is not at all clear from your description that such would occur if reunification was completed.  If you think the therapist is not competently performing the task assigned by the judge, or safeguards regarding potential future abuse are lacking, work with counsel to get clearance for a file review or second opinion by an expert in reunification psychology.

Frequently Asked Questions

Can a child refuse court-ordered reunification therapy with a parent in Nevada?
Not on her own. A child does have rights in a Nevada custody case, but one of those rights is to have a healthy relationship with both parents if that is possible, and a court order for reunification therapy stays in force until a judge changes it. The research reviewed at Nevada’s family law conference indicates that in most cases of estrangement, the children involved are generally benefited by reunification, so a child’s reluctance by itself will not usually end the therapy.
What if my child says the reunification therapist is bullying her or going too fast?
If you believe the therapist is not competently performing the task the judge assigned, or that safeguards against potential future abuse are lacking, work with your attorney to get court clearance for a file review or a second opinion from an expert in reunification psychology. That is the proper way to raise concerns about the process; simply stopping the sessions can put the custodial parent in violation of the order.
Will a Nevada court order reunification with a parent who has a documented history of abuse?
It can. Every case is different and no child should be placed in a position of continuing abuse, but even a documented history of past abuse does not automatically mean that abuse would recur if reunification were completed, which is what a court will focus on. Judges weigh the child’s safety against the benefit of restoring the relationship, and the appropriate safeguards and pacing are questions for the court and the therapist, not for either parent alone. Willick Law Group can review your situation in a consultation.
Marshal S. Willick
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