(Los Angeles, CA.) (June 13, 2025)- Wood Smith Henning & Berman successfully defended a licensed child psychologist who was sued after offering professional opinions on visitation in a contentious custody case. The appeal, led by Nicholas Gedo, was successful with the Court of Appeal finding that the plaintiff's claims arose from protected activity and lacked any probability of success.
The psychologist had been appointed to provide therapeutic services to children involved in a family court matter and was later asked to share her recommendations regarding visitation with the court. Dissatisfied with the court's custody ruling, the mother filed suit against the psychologist.
In the trial court, partner Brian Hoffman successfully argued that allowing liability in such cases would discourage mental health professionals from freely participating in custody proceedings, undermining the court's ability to make informed decision in the best interest of children. On appeal, Gedo defended this argument and reiterated the potentially dangerous chilling effect of holding professionals liable for providing independent opinions in these cases.
"Our client fulfilled her ethical and professional duties in a difficult family situation," said Gedo. "The court, not the psychologist, ultimately makes the custody decision, and this ruling affirms the importance of protecting professionals who assist the court in a neutral, expert capacity."
The trial court granted the defense's anti-SLAPP motion, ruling the psychologist's communications with the court constituted protected activity and that the plaintiff failed to show any likelihood of prevailing. The appellate court agreed, reinforcing protections for court-appointed professionals.
"This decision preserves the integrity of the family court process," commented Hoffman. "Mental health professionals must be free to provide candid assessments without fear of personal liability simply because one party is unhappy with the outcome."
The firm's victory is a win not only for its client, but for the broader community of professionals who support the family-law system in making child-centered decisions.
Wood Smith Henning & Berman: Your Trusted Partner
Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
At WSHB, our strength lies in our diverse and accomplished team of attorneys. We boast thought leaders and defense specialists in over 41 fields of practice, covering an extensive range of specialties. Founded in 1997, we are proud to be among the top ten law firms in the nation for diversity, female partners, female lawyers, and Hispanic lawyers. This rich tapestry of diversity forms the foundation of our success when presenting cases to juries of our peers, ensuring we understand the unique nuances underlying each claim.
Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
