I am unaware of any law or code of professional responsibility that prevents it. I am also unaware of any regulations of mental health professionals which prevent them from seeing a child without both parent’s permission. We do know that Joint legal custody implies and even requires communication about health issues and maybe this is what the Judges are hanging their hat on.
I have even had the experience in a case of an opposing party filing a disciplinary complaint against a counselor for seeing his child without his knowledge, even though there are no specific regulations on the subject for that profession. This seems somewhat illogical because I do not believe the reaction would be so great if a parent took a child to a doctor for a sore throat without the other’s knowledge.
One way or the other, litigants, attorneys and counselors need to be aware that arranging for psychological treatment or evaluation without the other parent’s consent and knowledge, can have negative repercussions and should be done only with great care. Abuse allegations may be a situation where there may be no choice but to take the risk.