Legal Question in Family Law in California

Can I sue a therapist that is out of state (Los Angeles) and called CPS on my ex-wife without ever meeting her or me or my children. (we live in New York) In Dec 2012 my brother had a falling out with my ex-wife and sent her an email stating CPS should be involved My brother is in therapy for 20 years for his own issues. Upon returning to Los Angeles my brother had a session with his Therapist and CPS was at my ex-wife's home the next day. as expected nothing was found but the stress on my kids the stress on me from my ex-wife cost me more money in legal fees because she wanted it listed in visitation paperwork that my brother cannot be around he kids and I had to fight this. Other issues were if she was any good at what she does she would have realized the source was my brother who has a tendency to over react all the time. I am still to this day having constant arguments with my ex about this and my children still refuse to talk to my brother. To me the stress I am going through for 1.5 years is overwhelming.


Asked on 8/10/14, 10:16 pm

2 Answers from Attorneys

No. In California, therapists are "mandatory reporters." This means that a) they MUST report any information pertaining to possible child harm, and b) they are immune by law from making the report. You may or may not have a right to sue your brother for inducing the therapist to make the report, although even if you have a case the therapist/patient privilege would make it nearly impossible to bring the case to trial.

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Answered on 8/11/14, 12:27 am
Kelvin Green The Law Office of Kelvin Green

Can you sue? Any one can sue anybody at anytime. Will you win? Nope. As Mr McCormick so aptly stated there is a mandatory report law so it would be unsuccessful. California also has a SLAPP statute that would prevent a lawsuit of this nature since calling legal authorities is protected speech.

Stop arguing over this with your ex. Maybe you should work through this with your brother and not push it with the kids. You should work this out with your brother instead of trying to litigate

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Answered on 8/11/14, 12:03 pm


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