I have had both lawyers and judges suggest from time to time that possession in particularly thorny custody cases be decided by a children’s therapist. Therapeutically and practically this always been problematic. The role of therapist is not to referee custody disputes and in doing so may violate the patient-client confidentiality so important in a therapeutic relationship.
In addition, a Texas Appellate Court has weighed in that such an order does not comply with the Family Code. In Walters v. Walters, 2017 Tex.App. LEXIS 11531, the San Antonio Court of Appeals reversed a trial court’s order that the father’s possession be determined on an ongoing basis by the child’s therapist. The San Antonio Court stated that a blanket order that simply stated the children’s counselor would decide possession afforded the father no actual enforceable possession. Further, in cases where 3rd party involvement was necessary a Court must nevertheless, issue specific guidelines or terms under which a parent will know how to comply in order to be able to exercise possession or enforce the order if necessary.