Legal Question in Family Law in California

While I would love to be able to tell you one way or another, you will need to read your custody orders in order to determine the answer here. If you have joint legal custody, odds are that you will need to have the other party's permission. If you have sole legal custody, there is a good possibility that you won't need the other parent's consent. There are always exceptions, but in general, that's the way it works. Your orders should hopefully say more than just "joint legal" or "sole legal." Often times they explain in detail what exactly joint legal custody means in your case. For example, it's not uncommon for orders to say something like: "In excersing joint legal custody, the parties agree to make joint decisions regarding the children's medical and mental health. . ."

If, after you read your orders, you still don't have an answer because they don't say one way or another, you will want to consult with an attorney to determine the best course of action. It is possible for your to ask the Court for an order allowing you to take the children to counseling.

You will also want to consult with the potential therapist to see what his or her standard practice is, too. Some therapists won't see children without permission from both parents, no matter what.