Girl Suffering After Parents’ Divorce Can’t Get Therapy Under New Law Supposed to Protect Her

By: Susan K. Livio

Partner and chair of the Family Law Group Carolyn Daly was quoted in NJ.com’s recent article. It is the second of two-part series examining updates to New Jersey’s child custody laws and the controversial changes affecting families across the state.

“The parents who fought to change the law wanted to put an end to judges reflexively ordering children and estranged parents to participate in controversial “reunification therapy” to mend fractured relationships, among other concerns. Parents, mostly mothers, said that practice has traumatized their children. (Diaz said she has seen the therapy work.)

“But the law goes a giant step further by requiring both parents to agree to any form of therapy for any family member. It could force parents to spend thousands of dollars to hire experts to argue that the proposed treatment is effective and scientifically sound if the other parent does not approve, say attorneys and therapists who oppose the law.

‘“If the court wanted to order therapy and the child is falling apart and they are not doing well, if both parents don’t consent, what happens to that child?”’ said Carolyn Daly, a Newark-based family law attorney.”