Separated and Divorced Parents Policy
1. Purpose
NeurodiversOTy is committed to providing safe, ethical, child-centred services while meeting our professional, legal, and privacy obligations.
Where a child's parents or guardians are separated, divorced, involved in family law proceedings, or experiencing significant conflict, additional information may be required to ensure services can be provided appropriately and that records are managed in accordance with relevant legislation and professional standards.
This policy applies to all clients under 18 years of age.
2. Disclosure of Family Law Matters
Parents and guardians are responsible for informing NeurodiversOTy of any family circumstances that may affect service delivery, communication, consent, decision-making, access to information, or the management of records.
This includes, but is not limited to:
Separation or divorce
Parenting Orders
Parenting Plans
Family Court proceedings
Family dispute resolution processes
Orders relating to parental responsibility
Orders relating to healthcare decision-making
Family violence orders, AVOs, ADVOs, Apprehended Domestic Violence Orders, or similar legal arrangements
Orders restricting communication between parties
Orders restricting access to information or records
Changes to custody or care arrangements
Parents and guardians must provide NeurodiversOTy with copies of any relevant legal documentation as soon as practicable.
Parents and guardians acknowledge that failure to disclose relevant court orders, parenting arrangements, parental responsibility arrangements, legal proceedings, communication restrictions, or other legal matters may impact NeurodiversOTy's ability to provide services appropriately and may result in delays while additional information is obtained and reviewed.
3. Accuracy of Information
NeurodiversOTy relies on information provided by parents, guardians, and caregivers when determining service arrangements, consent requirements, communication pathways, and record management obligations.
Parents and guardians are responsible for ensuring that information provided to NeurodiversOTy is accurate, complete, and up to date.
NeurodiversOTy is entitled to rely on information provided by parents and guardians unless the practice becomes aware of information indicating otherwise.
NeurodiversOTy is not responsible for independently investigating or verifying family law arrangements except where required by law or where clarification is necessary to fulfil professional obligations.
4. Notification of Changes
Parents and guardians agree to notify NeurodiversOTy as soon as possible if there are changes to:
Parenting Orders
Parenting Plans
Court proceedings
Parental responsibility arrangements
Healthcare decision-making arrangements
Communication restrictions
Access arrangements
Legal orders that may affect the provision of services
Failure to provide updated information may affect NeurodiversOTy's ability to provide services and may result in delays while clarification is sought.
5. Consent and Parental Responsibility
NeurodiversOTy may request information regarding parental responsibility and decision-making arrangements when providing services to a child.
Where parents are separated or divorced, NeurodiversOTy may request copies of relevant legal documentation to clarify:
Who may consent to services
Who may receive information regarding services
Whether any restrictions apply to communication or record access
Whether any healthcare decision-making arrangements are in place
Where there is uncertainty regarding consent, parental responsibility, or legal authority, NeurodiversOTy reserves the right to seek further clarification, request additional documentation, obtain professional advice, or temporarily delay commencement of services until sufficient information has been obtained.
Where NeurodiversOTy becomes aware of a dispute between parents or guardians regarding therapy services, healthcare decision-making, access to information, or consent arrangements, the practice may request additional information, legal documentation, or professional advice before commencing, continuing, or modifying services.
The provision of services may be delayed while clarification is sought regarding relevant arrangements.
6. Communication With Parents and Guardians
NeurodiversOTy aims to communicate respectfully and professionally with all parents and guardians who are legally entitled to receive information regarding a child.
The practice is not responsible for facilitating communication between separated parents, resolving disputes, or acting as an intermediary between family members.
Parents and guardians remain responsible for managing communication and decision-making arrangements between themselves unless otherwise required by law or court order.
NeurodiversOTy reserves the right to communicate only with the parent or guardian who has engaged the service until relevant legal documentation is provided and reviewed.
NeurodiversOTy relies on parents and guardians to provide accurate contact information for individuals who hold parental responsibility where required.
Where relevant information regarding parental responsibility, communication arrangements, or legal restrictions is unavailable or unclear, NeurodiversOTy may request further information before proceeding with aspects of service delivery, information sharing, or record release.
7. Access to Information and Clinical Records
NeurodiversOTy manages health information in accordance with applicable privacy legislation and professional obligations.
Where requests for records or information are received, NeurodiversOTy may require:
Identification of the requesting party
Evidence of parental responsibility or legal authority
Copies of relevant court orders
Additional clarification regarding legal arrangements
Where uncertainty exists regarding access rights, privacy obligations, parental responsibility, or court orders, NeurodiversOTy may delay the release of information until clarification has been obtained.
NeurodiversOTy reserves the right to obtain legal, privacy, or professional advice before releasing records.
The provision of therapy services does not automatically determine an individual's entitlement to access clinical records or information.
Requests for records will be assessed separately and in accordance with privacy legislation, professional obligations, parental responsibility arrangements, and any relevant court orders or legal documentation provided to the practice.
8. High-Conflict Family Situations
Where NeurodiversOTy becomes aware of significant conflict between parents or guardians, the practice may implement additional governance procedures to ensure services are delivered appropriately and safely.
This may include:
Requesting additional documentation
Reviewing legal arrangements
Clarifying consent requirements
Limiting communication to matters directly relevant to therapy services
Seeking professional, legal, privacy, or insurer advice
These measures are intended to protect the interests of the child, family, clinicians, and practice.
NeurodiversOTy reserves the right to require that communication relating to legal matters, parental responsibility, consent, access to records, family law proceedings, or other disputed matters be provided and maintained in writing.
This may include requests that correspondence occur via email, written documentation, or other written communication methods to ensure accurate records are maintained and professional obligations can be met.
9. Family Violence and Safety Concerns
Where a parent or guardian advises NeurodiversOTy of family violence concerns, safety concerns, AVOs, ADVOs, or similar legal arrangements, the practice may request copies of relevant documentation to assist with determining appropriate communication and information-sharing arrangements.
NeurodiversOTy will manage such information sensitively and in accordance with applicable privacy and professional obligations.
10. Court Proceedings and Legal Matters
NeurodiversOTy clinicians provide therapeutic services and do not determine parenting arrangements, custody arrangements, living arrangements, or contact arrangements between family members.
NeurodiversOTy clinicians do not act as expert witnesses unless specifically engaged to do so.
Any information provided by NeurodiversOTy is based on clinical observations, information provided to the clinician, and the clinician's professional opinion within their scope of practice.
NeurodiversOTy does not advocate for one parent over another and remains neutral in family law disputes.
11. Subpoenas, Court Orders and Legal Requests
Should NeurodiversOTy receive a subpoena, summons, court order, warrant, request from a legal representative, or other legal request relating to a client, the practice will respond in accordance with applicable legislation and professional obligations.
The practice may seek legal or professional advice before responding.
Time associated with reviewing legal requests, preparing records, attending conferences, responding to subpoenas, attending court, or preparing documentation may incur additional fees in accordance with NeurodiversOTy's fee schedule.
12. Delays, Pauses and Refusal of Service
Where necessary to meet professional, legal, ethical, privacy, or safety obligations, NeurodiversOTy reserves the right to:
Delay commencement of services
Temporarily pause services
Delay allocation of appointments
Delay release of information or records
Request additional documentation
Seek external advice before proceeding
These actions may occur where relevant information is unavailable, legal arrangements are unclear, documentation has not been provided, or there is uncertainty regarding consent, parental responsibility, privacy obligations, or safety considerations.
13. Acknowledgement
By engaging NeurodiversOTy services, parents and guardians acknowledge that they have read and understood this policy and agree to provide accurate and up-to-date information regarding any family law, parenting, consent, communication, or legal arrangements that may affect the provision of services.