The wife wants me to testify for her in the hearing, but the husband doesn't. If you do not have prior written permission from both parties, you should refuse to testify and explain your reasons. Check your state law to ascertain your legal position. If you are subpoenaed to testify and bring your documents, show up at the specified time with all documentation and ask for the judge to rule on the issue. If the court orders you to testify, then you are legally required to do so.
Legal consultation is advised for all situations involving subpoenas.
To avoid both legal and ethical dilemmas, it is important to explain that as a marriage and family counselor the couple or the family is considered to be your client, rather than any individual within the unit. Q. I am interested in assisting the divorcing couples that I counsel in the best possible manner. I know my state law, and I think I could save them unnecessary expense by working with them on settlement, custody, and visitation issues. Your client's best interest is always of importance to you as an ethical counselor. You may best assist your clients through mediation with their negotiation of these matters, thus allowing less time to be spent with the legal process.