When therapy is in a child’s best interests but one parent doesn’t agree to it, there are options for going ahead with therapy without that parent’s consent.
EDITOR’S NOTE This article was first published in LawNow on January 5, 2018. It was reviewed and updated by the author in 2026.
When parents go through a separation, the effects on children can be significant. Divorce and separation can be an “adverse childhood experience” (a stressful, harmful event in childhood) that leads to toxic stress in children that can have lifelong effects. Often, children benefit from therapy to build resilience to buffer this stress.
Usually, both parents agree and provide their consent for children to participate in therapy. But occasionally, one parent will not consent.
There may be some situations where therapy is not appropriate given the needs of the child. There may be legitimate concerns about the cost of therapy, whether the proposed therapist is qualified, or if the type of therapy is appropriate. Most parents can work together to decide what is in their child’s best interests. However, there are situations where therapy is in a child’s best interests but one parent will not consent to it for reasons that are less legitimate. This is particularly troubling in cases of family violence. The person causing family violence may not consent to therapy because they do not want the therapist to discover more about what has happened or is happening, or they do not want to admit that violence is a real issue in their family. What can the other parent do?
Unless a court order says otherwise, both parents are most often the joint guardians of their child. This means that they both need to provide their consent for their child to participate in activities such as therapy. In most cases, a therapist cannot proceed without both parties’ consent. An exception to this is if the child is older and considered a “mature minor.” In this case, the therapist can take instructions directly from the older child.
The parent who believes the therapy should occur can apply to the court to dispense with the other parent’s consent for therapy or request a court-directed therapeutic process. In Alberta, a court may dispense with a parent’s consent : (1) as part of a parenting order; or (2) as part of a King’s Bench Protection Order. A court-directed therapeutic process can be ordered under “Family Law Practice Note 7.”
Dispense with Consent in a Parenting Order
Parenting orders can deal with all parenting issues between separated parents, including decision-making for children. A parent can apply for an order under section 16 of the Divorce Act if they are going through or have gone through a divorce, or under section 32 of the Family Law Act if they are not dealing with a divorce. A parent can apply for whatever terms are needed such as:
- who the child will live with,
- what parenting time schedule the parents will follow, and
- who makes decisions for the child, including decisions about “health-related treatment.” Generally, therapy counts as “health-related treatment.”
If there is already a parenting order in place, one parent can apply to vary (change) that order to include a term about who can consent to health-related treatment, or more specifically, therapy for the child.
In any application for a parenting order, the only factor the judge must consider is what is in the child’s best interests.
King’s Bench Protection Orders
The court can grant a King’s Bench Protection Order (KBPO) under the Protection Against Family Violence Act. An Emergency Protection Order can turn into a KBPO or it can be applied for on its own. KBPOs can protect claimants and their children where there has been family violence. This Act defines family violence as:
- any intentional or reckless act or omission that causes injury or property damage and that intimidates or harms a family member,
- any act or threatened act that intimidates a family member by creating a reasonable fear of property damage or injury to a family member,
- forced confinement,
- sexual abuse, and
- stalking.
The parent (or “claimant” in this case) must prove the family violence to be granted this kind of order. If there has been this kind of family violence, a judge may grant a KBPO which may include no contact conditions, area restrictions, and other terms including “a provision authorizing counselling for a child … without the consent of the respondent.”
Family Law Practice Note 7
Instead of asking the court to dispense with one parent’s consent for therapy, another option is to apply for an order that directs a specific type of therapy, under Family Law Practice Note 7. In this case, a judge would order that the family (or specific family members) work with a particular therapist to address a particular issue (or set of issues). The therapist will then provide a report back to the judge about the progress made in therapy and whether another process is recommended.
A therapeutic process under Practice Note 7 is usually “open,” meaning the therapist will share information between the participants and the court. If a parent believes their child needs a “closed” process where there is therapist-client confidentiality, this might not be the best option. The therapist’s service agreement should clearly outline confidentiality and other aspects of the therapeutic process.
Evidence
For any application described here, the applicant will need to provide evidence to support why it is necessary to dispense with one parent’s consent or for therapy to be court-ordered. For example, there should be evidence:
- that there have been reasonable efforts to get the other parent’s consent and that it has been refused
- that the child would benefit from therapy – for example, that they are struggling at school or have made concerning disclosures about what they have seen or feel
- about what kind of therapy is being proposed, including who will provide the therapy and their qualifications; and
- about who will pay for the therapy, including the availability of health benefits
It is ideal if parents can speak to a lawyer to get advice about their particular situation and what kind of application, if any, is right for them. It is also ideal to have a lawyer to help with bringing any court application. If a parent cannot afford to speak to a private lawyer, they may be able to access brief advice from an organization such as the Edmonton Community Legal Centre or Calgary Legal Guidance. Parents can get information about the court process from Family Court Counsellors throughout the province.
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DISCLAIMER The information in this article was correct at time of publishing. The law may have changed since then. The views expressed in this article are those of the author and do not necessarily reflect the views of LawNow or the Centre for Public Legal Education Alberta.
About Sarah Dargatz
