Family Therapy Motion Agreement

FAMILY THERAPY MOTION AGREEMENT

This Family Therapy Motion Agreement is entered into on by and between Petitioner/Movant: and Respondent: , concerning minor child(ren): , Case Number: , before the .

RECITALS

WHEREAS, the parties desire that the minor child(ren)'s familial relationships and emotional wellbeing be assessed and addressed through professional family therapy and to reduce adversarial conflict that impairs parenting and child adjustment;

WHEREAS, the parties agree that confidential therapeutic intervention by a licensed mental health professional is likely to assist in resolving parenting difficulties, reunification, communication, and case-related stressors; and

WHEREAS, the parties intend to present a joint motion to the court requesting an order authorizing and directing the parties and the minor child(ren) to participate in family therapy consistent with the terms of this Agreement;

NOW THEREFORE

In consideration of the mutual covenants and promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. APPOINTMENT OF THERAPIST

The parties agree to retain the following therapist to provide family therapy services to the parties and the minor child(ren):

2. SCOPE AND SCHEDULE OF THERAPY

The therapy shall be family-focused and directed to the matters identified by the parties and the therapist, including but not limited to parenting communication, reunification, and parenting plan implementation. Therapy shall commence on and is anticipated to continue for approximately , subject to clinical recommendation.

Services may be provided in-person or by telehealth. The parties select: In-person Telehealth

3. CONFIDENTIALITY, PRIVILEGE, AND LIMITS TO CONFIDENTIALITY

Communications in therapy are confidential and protected by privilege to the fullest extent permitted by law. Notwithstanding the foregoing, the parties expressly acknowledge and agree that the therapist may disclose otherwise privileged information when:

1. Disclosure is required by law, including mandatory reporting of suspected child abuse or neglect or an imminent risk of serious bodily harm to any person;
2. Information must be disclosed in response to a lawful court order; or
3. The parties provide written, signed authorization for disclosure in a form acceptable to the therapist.

The parties acknowledge that if the court orders disclosure of therapeutic records or testimony, the therapist may be compelled to provide such records or testimony despite the parties' objection. By signing this Agreement the parties consent to reasonable disclosures to the court as set forth in Section 4 below.

The parties jointly consent to limited disclosure and reporting to the court by the therapist when requested or ordered by the court.

4. REPORTING AND COMMUNICATION WITH THE COURT

The parties agree that the therapist may prepare written or oral reports to the court addressing attendance, participation, observed parenting interactions, recommendations regarding parenting time, and any safety concerns. Reports shall be limited to clinically relevant matters and shall not include unsolicited disclosure of private communications except as required by law.

Unless otherwise ordered, any substantive diagnostic opinions or recommendations adverse to a party shall be preceded by reasonable notice to that party and an opportunity to be heard by the therapist or through counsel.

5. FEES, PAYMENT AND INSURANCE

The parties agree the cost of therapy will be borne as follows:

The parties acknowledge that payment for any court-ordered testimony, depositions, or time preparing court reports beyond routine summary reports may be billed separately and shall be the responsibility of the requesting party unless otherwise ordered by the court.

6. CANCELLATION, NO-SHOW, AND LATE CANCELLATION FEES

A minimum of hours' notice is required to cancel or reschedule a session without penalty. Failure to provide timely notice or failure to appear will result in a fee of per missed session, which shall be payable as set forth in Section 5.

7. TERMINATION AND SUBSTITUTION

The therapist may terminate therapy for clinical reasons, nonpayment, or when continued therapy is unlikely to be beneficial. Either party may request substitution of a different therapist; substitution will be effective upon written agreement of the parties and the new therapist. The therapist will provide reasonable notice and a transition plan when feasible.

8. JOINT MOTION AND COURT ORDER

The parties agree to file a joint motion with the court requesting that the terms of this Agreement be incorporated into a court order directing participation in family therapy consistent with the therapist's recommendations. The parties agree to cooperate in presenting the proposed order to the court and to appear at any hearing necessary to obtain such order.

The parties authorize counsel or either party to file and sign a joint motion or proposed order incorporating this Agreement.

9. RELEASE AND INDEMNIFICATION

Each party releases and holds harmless the therapist for actions taken in good faith in the course of therapy and for complying with legal duties to disclose information as required by law or court order. Each party agrees to indemnify the therapist for liability arising from the party's breach of this Agreement, except to the extent caused by the therapist's gross negligence or willful misconduct.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered personally or by first-class mail, postage prepaid, or by electronic mail to the addresses provided below. Notice is effective upon receipt.

11. AMENDMENTS, WAIVER, SEVERABILITY

This Agreement may be amended only by a written instrument signed by all parties and the therapist. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state where the court identified in the opening paragraph sits, without regard to conflict of law principles.

13. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements, whether written or oral, concerning the subject matter of this Agreement.

14. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Facsimile or electronic signatures shall be binding.

CERTIFICATION

Each party certifies that they have read and understand this Agreement, that they enter into it voluntarily, and that they have authority to agree on behalf of themselves (and the minor child(ren) where applicable). The parties acknowledge that execution of this Agreement does not waive any statutory rights except as expressly provided herein.

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