The laws and regulations regarding the sharing of information by school psychologists or mental health professionals may vary depending on your jurisdiction. It's essential to consult with a family law attorney to get advice specific to your situation.
In cases of joint legal custody, both parents usually have the right to access educational and medical records, including those involving school psychologists. However, there might be exceptions or limitations in certain circumstances.
Here are some points to consider:
Consent and Authorization: If there is a court order or custody agreement in place that addresses the sharing of information related to your child's education and mental health, that document should outline the procedures for sharing such information.
Family Educational Rights and Privacy Act (FERPA): In the United States, FERPA is a federal law that protects the privacy of student education records. It generally gives parents certain rights to access their child's records. However, FERPA allows schools to share information with non-custodial parents in some cases, depending on the custody agreement and applicable state laws.
Therapeutic Privilege: There might be instances when a school psychologist or mental health professional believes that sharing certain information with one parent could be detrimental to the child's well-being. In such cases, they might exercise "therapeutic privilege" and refrain from sharing certain details.
Professional Guidelines and Ethics: School psychologists and mental health professionals are bound by professional ethics and guidelines, which emphasize confidentiality and privacy. However, they also have a duty to ensure the child's safety and well-being. They must balance these responsibilities appropriately.
To resolve the situation, consider taking the following steps:
Communication: Have an open and respectful conversation with the school psychologist about your concerns. Clarify your rights and ask about the school's policies regarding information sharing.
Legal Advice: If necessary, seek advice from a family law attorney who can review your custody agreement and offer guidance based on the specific laws in your jurisdiction.
Mediation or Court: If you and your ex-partner cannot resolve the issue, you may consider mediation or, if needed, legal recourse through the family court system to address concerns related to custody and access to information.
Remember that the well-being of your child is of utmost importance, and working together with your ex-partner and the school psychologist in a collaborative and child-centered manner is essential for the best outcomes.