Do Both Parents Have to Agree to Child Therapy in Illinois?

 Posted on November 29, 2025 in Divorce / Family Law

Suppose a divorced parent discovers that the other parent has placed his or her child in therapy without even discussing the issue. The discovery may have come in the form of a school referral, a counseling bill, or even a note in the child’s backpack. Regardless of how the information came about, this type of situation can create conflict in Illinois parenting cases. While therapy can be enormously beneficial for children, under Illinois law (750 ILCS 5/602.5), decisions regarding mental health treatment for a child usually fall under joint decision-making. (This does depend on the specific allocation of parental responsibilities.)

If one parent acts unilaterally, it could potentially violate the allocation judgment, raising serious concerns about parental rights, communication between the parents, and the best interests of the child. A Geneva, IL family court attorney can help you determine whether your child’s other parent has the legal right to put the child in therapy without your consent.

Illinois Decision-Making Rules: Who Controls Mental-Health Care?

Under the Illinois allocation of parental responsibilities, major decisions – including medical and mental health decisions – are usually assigned in one of the following ways:

• One parent may be given sole decision-making authority for the major areas in the child’s life (religion, education, and health).
• Usually, parents share decision-making in these major areas.
• Some highly customized parenting plans will give hybrid authority or tie-breaking authority, depending on the situation.

In a joint decision-making situation, both parents must agree on any significant mental health treatment, including therapy, psychological evaluations, psychiatric medication, or specialized behavioral programs. Enrolling the child without notifying the other parent is generally a violation of the allocation judgment.

 If one parent has been given sole authority over medical decisions, he or she may take steps to provide mental health treatment for the child, but the other parent is still entitled to information and records unless restricted by a court order. A parent may obtain immediate mental health treatment regardless of joint or sole decision-making authority if the child is at risk of self-harm, is threatening others, or is experiencing a mental health crisis. Even in an emergency, the other parent must be notified as soon as possible.  

How "Secret" Therapy Decisions Can Create Legal Problems

Illinois courts expect transparency and co-parenting cooperation between divorced parents. Secretly enrolling a child in mental health therapy could violate the parenting plan or could be an attempt to influence the therapist against the other parent. "Gatekeeping" or parental alienation may be at play when a parent makes unilateral decisions, such as enrolling a child in therapy. A move like this also indicates disrespect for the joint legal authority granted by the court. Even if the child needs therapy, this type of end run around the rights of the other parent can lead to sanctions or changes in decision-making authority.

How Illinois Courts May Resolve Disputes About Child Mental Health Therapy

Parents who end up in front of a judge because of a secret therapy enrollment will face a judge who will try to determine whether the enrolling parent acted in good faith. The judge will also want to know whether the allocation judgment was violated and what the precise mental health needs of the child are.

Both parents may be asked about their communication history and whether the enrolling parent has other instances of excluding the other parent from joint decisions. Depending on the specific situation, the judge may sanction the parent who sought mental health care for the child without discussing it with the other person. In some cases, a guardian ad litem may be appointed.

Contact a Kane County, IL Family Lawyer

If your co-parent enrolled your child in therapy without your knowledge, or if you are unsure whether your parenting plan allows one parent to make such a decision alone, a knowledgeable Geneva, IL allocation of parental responsibilities attorney from Loire Krajniak Law, LLC can help. To schedule your free consultation, call 630-448-2406 today to speak to an experienced attorney.