Therapeutic records are counseling, therapy, psychological treatment, and mental health records that may be relevant to issues in a family law case but that are subject to strong privacy protections. The psychotherapist-patient privilege protects confidential communications in therapy from disclosure in litigation.

Therapeutic records can be compelled in limited circumstances when the patient has put their mental health at issue in the litigation, when a child's records are sought by a legal parent who has standing to access them, or when a court finds compelling need.

Under the Alec and Lydia Act an abusive parent seeking to rebut the domestic violence presumption through a treatment program must waive privilege and allow the court and the victim access to their treatment records.