Judy is a minor (twelve years old) living with her mother and her mother's lesbian companion, who is currently the victim of a custody battle between the mother and the estranged father. Sandra, Judy's counselor at school, has been asked by Judy's mother to be a custody hearing witness. The school principal has informed Sandra that she must decline although she is willing.
It can be argued that a therapist has an obligation to her client and to assist in social change. Within this assumption, it can be asserted that this counselor should participate in the judicial process to assist in proper placement of the child and to help provide information to the courts regarding homosexuals as parents.
Ethical dilemmas facing this counselor include the appropriateness of Sandra's testimony with regard to issues of confidentiality and client status. The role of expert witness may conflict with that of counselor to the child. It may also be the case that the counselor is unqualified to provide information regarding homosexuality and patenting, this may be outside the limits of competency for a school counselor and therefore in violation of ethical principles (Rave & Larsen, 1995).
If Sandra's goal is to facilitate social change, she might first consider the intent of both parents. Sandra may find herself a mere pawn being used to manipulate in a custody battle which would not serve the public in any fruitful manner. Counselors in schools make interpretations of behavior and value judgements that influence policy making, standards of conduct and legislation. Dangers of using the courtroom as a place to act as a social force must be considered. The mixing of fact and opinion is one of the major dangers in expert testimony (Van Hoose & Kottler, 1985).
In this case it is not clear what Sandra's specific role is; it is not clear whether she is an academic counselor or a school psychologist. Sandra's area of competence m...