When therapy meets the bench: subpoenaed clinical notes in family law

This study presents the first systematic examination of mental health practitioners’ experiences with the subpoenaing of clinical notes and their use by family report writers in Australian family law proceedings. The findings reveal that current subpoena practices can significantly undermine therapeutic relationships and compromise the emotional and psychological safety of clients, particularly children and parents involved in parenting disputes. These risks are further amplified when clients are victim-survivors of family violence. Mental health professionals and family report writers share concerns about the broader implications of this practice, including the erosion of trust in therapeutic settings and the limited relevance of clinical notes for legal decision-making. The study underscores the urgent need to distinguish between practices that genuinely support the rights and wellbeing of families, and those that risk causing unintended harm. It calls for critical scrutiny of compelled disclosure to ensure legal processes align with child-centred, trauma-informed and rights-based approaches to decision-making.