Separated Parents and Parental Responsibility Policy

Our Commitment 

Steps and Stones Psychology is committed to providing child‑focused, ethical, and legally compliant psychological services. When parents are separated, additional care is required to ensure that consent, communication, confidentiality, and decision‑making authority are appropriately managed.

This policy outlines how we approach these situations in accordance with the Psychology Board of Australia (AHPRA) Code of conduct for psychologists, and relevant state and federal legislation.

Parental Responsibility and Decision‑Making Authority 

Under Australian family law, each parent typically holds parental responsibility unless altered by a court order. Parental responsibility refers to decision‑making authority about major long‑term issues, including health care.

It is the responsibility of the parent engaging our services (“the presenting parent”) to:

  • Accurately inform us of the current parental responsibility arrangements.
  • Disclose any court orders, parenting orders, intervention orders, or parenting plans.
  • Provide copies of relevant legal documents prior to or at the first appointment.

We rely on the information provided to us unless we are informed otherwise or provided with documentation indicating restrictions.

Consent to Assessment and Treatment 

As a matter of clinic policy, we generally seek confirmation that both parents with parental responsibility are aware of and consent to their child engaging in psychological services.

However, Steps and Stones Psychology may proceed with services based on the consent of the presenting parent where:

  • The presenting parent confirms they hold parental responsibility; and
  • There are no known court orders restricting decision‑making; and
  • We are not aware of any objection from the other parent.

We do not routinely contact the other parent to obtain consent unless circumstances indicate it is necessary. By signing our Confidentiality and Informed Consent Form, the presenting parent formally declares they have informed the other parent of the psychological intervention (where safe and legally required to do so) and that no court orders prohibit the treatment.

If we are notified in writing by a parent with parental responsibility that they object to treatment, services may be paused pending clarification of legal authority.

If we become aware of a broader dispute regarding consent, we may:

  • Request written confirmation of consent from both parents;
  • Request relevant court documentation;
  • Pause or delay services until decision‑making authority is clarified.

Adolescent Capacity and Assent 

Under the Consent to Medical Treatment and Palliative Care Act 1995 (SA), young people aged 16 years and older may consent to their own health care as validly and effectively as an adult. Where a young person has capacity to consent to treatment, they will generally be regarded as the primary decision‑maker in relation to access to their clinical information, subject to applicable privacy legislation and any relevant court orders.

For children under 16 years of age, common law principles (Gillick competence) apply. If a child under 16 is assessed by the treating psychologist as possessing sufficient maturity and intelligence to fully understand the proposed intervention, they may consent to treatment and restrict parental access to their clinical information. Discussions regarding consent, capacity, and information‑sharing are documented in the clinical record.

Involvement of Carers and Nominated Persons 

We recognise the important role of families and carers in supporting children and young people. Where appropriate and with proper consent, we may involve parents, step‑parents, grandparents, other significant carers, or nominated persons. Involvement of carers does not override legal decision‑making authority or the child’s confidentiality rights.

Communication and Access to Information 

Unless restricted by a court order, parents with parental responsibility may request access to their child’s records. We will respond to such requests in accordance with our legal and ethical obligations.

Access to clinical records or assessment reports is not absolute. Access may be refused or redacted where permitted under the Privacy Act 1988 (Cth), including where release would pose a serious threat to the life, health, or safety of any person, unreasonably impact the privacy of others, or where the law otherwise permits refusal.

We do not act as intermediaries for communication between parents. We request that all communication with the clinic remains respectful and child‑focused.

Court Orders and Legal Proceedings 

Steps and Stones Psychology does not provide custody evaluations, parenting capacity assessments, or reports for the primary purpose of legal proceedings. Engaging our services does not guarantee suitability for court-related purposes.

The dual role of treating clinician and forensic witness is ethically contraindicated. Where litigation or subpoena processes significantly compromise therapeutic neutrality or the child’s wellbeing, we may determine that continuation of treatment is no longer clinically appropriate and assist with referral options to protect the child.

If subpoenaed and legally compelled to comply, professional fees apply for the preparation of documents, record collation, report writing, and court attendance.

High Conflict Situations 

Where parental conflict significantly interferes with consent processes, information gathering, attendance, clinical neutrality, or the child’s wellbeing, we may:

  • Request written confirmation of consent from both parents;
  • Require production of court documentation;
  • Pause services until matters are clarified;
  • Determine that our service is not suitable, terminate the intervention, and provide referral options.

Our primary obligation is to provide safe, clinically appropriate care to the child.

Fees and Medicare 

The parent who schedules the appointment and presents the child for the session is personally responsible for payment of the account at the time of service. Steps and Stones Psychology does not split invoices between parties. Any financial reimbursement from the other parent must be managed privately between the parties. We do not mediate financial disputes.

Parent-only or carer-only sessions related to a child’s treatment are billed as services for the child and count toward the child’s Medicare allocation under the Better Access initiative.

Documentation and Information Sharing 

We document information provided regarding parental responsibility, consent discussions, known disputes, requests for records, and decisions regarding the involvement of carers. Consent may be withdrawn at any time, subject to legal obligations. Where legislation requires notification of carers or nominated persons, we will comply with those requirements.

Limitations If at any time we become aware that services are being used to advance a parental dispute, information provided to us was materially inaccurate, or there is a legal restriction we were not informed of, we will review our ability to continue providing services. If termination of care is required, where clinically appropriate, we will provide referral options to support continuity of care.

Acknowledgement and Declaration

This policy forms an integral part of our clinical consent framework. By signing the Steps and Stones Psychology Confidentiality and Informed Consent Form, the presenting parent formally acknowledges and declares that:

  1. They have accurately disclosed all current parental responsibility arrangements and provided copies of any relevant court orders.
  2. They have informed the other parent of the intention to engage psychological services for the child (unless legally restricted or contraindicated by an intervention order).
  3. They understand that the other parent may request access to clinical records, and that Steps and Stones Psychology will respond to such requests in accordance with privacy legislation and clinical duty of care.
  4. They accept personal financial responsibility for payment at the time of service for all sessions they schedule and attend with the child, and understand that the clinic does not split invoices.
  5. They understand that the clinic’s primary client is the child, and services may be terminated if parental conflict compromises the therapeutic intervention.