Emergency Custody Order

Since sometime last year my wife has been in a custody battle with her ex. Since that time three Emergency Custody Orders have been filed and with each one we were able to prove that nothing was going on and that our daughter was making things up or taking them out of context, we believe with the help of her father questioning her while she is at his house. It was court ordered that our daughter see a therapist since that time and she has been doing so to this day. During this time our daughter has said that she lied about some of the things she had told her dad to her therapist and her father. Every time our daughter visited her therapist the therapist said everything is going well and that she doesn’t seem to have anything to talk about most times. As of this past Friday we were given another Emergency Custody Order stating a whole bunch of junk and we are headed back to court.

My question is regarding her therapist and this emergency custody order. At the signing of the emergency custody order which our attorney was able to attend, her therapist insisted that our daughter should live with her father. What I want to know is about NC state law in regards to this statement.

Law says: 3.14 To avoid a conflict of interests, marriage and family therapists who treat minors or adults involved in custody or visitation actions may not also perform forensic evaluations for custody, residence, or visitation of the minor. The marriage and family therapist who treats the minor may provide the court or mental health professional performing the evaluation with information about the minor from the marriage and family therapist’s perspective as a treating marriage and family therapist, so long as the marriage and family therapist does not violate confidentiality.

I would think that this kind of statement in court it falls into the forensic area in which she has over stepped her bounds and her testimony is bias since she has made her own choice of who our daughter should live with.

Is this the case?


I don’t know the full context of your situation- however a therapist is entitled to give an opinion, and the other side should have a chance to rebut the same with a different therapist.