Child Therapy Confidentiality in Illinois Custody Cases
When parents go through custody disputes in Illinois, questions often arise about what children share with their therapists and whether that information can be used in court. The issue is complex—and recent changes to Illinois law have made it even more challenging to understand.
At AKL Legal, LLC, our family law attorneys help parents in Lake County and McHenry County navigate these sensitive legal issues with clarity and confidence.
The Basics: Confidentiality and the MHDDCA
Under the Illinois Mental Health and Developmental Disabilities Confidentiality Act (MHDDCA), conversations between a client and therapist are confidential. This law is designed to create a safe space for individuals—especially children—to express themselves openly in therapy.
But when a child is involved in a custody battle and a Guardian ad Litem (GAL) is appointed, things get complicated.
Section 607.6 of the IMDMA: A New Layer of Complexity
In 2017, Illinois lawmakers added Section 607.6 to the Illinois Marriage and Dissolution of Marriage Act (IMDMA). This section allows courts to order individual or family counseling in custody cases.
The controversial part? Subsection (d) states that all counseling sessions are confidential and “shall not be used in litigation nor relied upon by any expert.”
While this mirrors the MHDDCA’s intent to protect privacy, it conflicts with a GAL’s investigative role, since the GAL is tasked with reporting what is in the child’s best interest.
Conflicting Views: Confidentiality vs. Best Interests of the Child
Two schools of thought have emerged:
Plain Reading of the Law – Section 607.6(d) means exactly what it says: therapy sessions are off-limits in court.
Supreme Court Precedent Prevails – Illinois Supreme Court Rule 907 and the case In re Marriage of Collingbourne state that courts should consider any and all relevant evidence when deciding custody matters. This suggests therapy records could be relevant and accessible.
What This Means for Parents
So, are your child’s therapy sessions confidential in a custody case? The answer may depend on your judge’s interpretation of Section 607.6 and how it interacts with Supreme Court precedent.
This uncertainty makes it critical to have an experienced family law attorney on your side. At AKL Legal, LLC, we understand the nuances of Illinois custody law and how courts in our area are applying these rules. We work to protect your rights while keeping your child’s well-being at the forefront.
Take the Next Step
If you’re facing a custody dispute in Illinois and have questions about therapy confidentiality or the role of a GAL, don’t navigate it alone. Contact AKL Legal, LLC today for a consultation. Our experienced attorneys will help you understand your options and advocate for the best outcome for you and your child.
Call us at (847) 262-9888 to get started.
