Can the Court Order Counseling?

If you think your child needs counseling during a divorce the easiest option is to discuss the possibility with your co-parent. All parents want what is best for their child and an honest conversation about your concerns may lead to an agreement. However if you believe counseling in necessary and the other parent refuses to consent you may ask the court to order counseling. Be prepared specific requirements are needed and the court does not order counseling lightly.

If you think you and your co-parent would benefit from counseling to help with the transitions of divorce the best approach again is asking. Very few parents want to attend counseling with their ex-spouse, but if there are genuine issues regarding your child’s well being the idea might be considered. Like counseling for your child it is possible the court will order counseling, but trying to find an agreement is generally much simpler.

There may be numerous reasons you want counseling for your child and yourself. Divorce is hard on everybody and it is not uncommon for somebody to benefit from counseling during the transition. However, if you cannot get your co-parent to consent it is important to understand under what conditions the court will order counseling.

In California the court has the right to order parents or the child to attend counseling. However it is not a matter taken lightly and requires the court to look at numerous issues. The court must find:
* The current dispute poses a substantial danger to child’s best interest
* Counseling is in the child’s best interest
* Financial obligations do not jeopardize financial obligations
* Counseling must be specifically designed to help the risk of danger to child
* Counseling may last for up to one year

You should not ask the court to order counseling just because you think it will help. That is enough of a reason for parents to agree, but the court is going to require you showing some existing risk to your child. Unless there is a risk you can articulate then you should continue to work toward a private agreement.