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  1. #1
    heartwood is offline Member
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    counseling records?

    What is the name of your state? Idaho

    My ex and I are going to be in court soon for a final determination of custody and his lawyer requested my counseling records. I told him no - he said he can get a court order.
    I went to counseling for divorce recovery because my ex-husband is emotionally and mentally abusive. I didn't want to make the same mistakes again with the man I am dating, so I sought counseling to learn and grow.
    I don't want my ex and his lawyer to have access to those records because my ex-husband would only use those records to hurt me more.
    Is there anything I can do to keep the court from granting an order giving him access to my records?
  2. #2
    weenor is offline Senior Member
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    Generally any evidence that has to do with the best interest of the children is admissible. For example, even if psych. records are protected under state law, the lawyer simply has to subpoena them and show up at the hearing on the motion to quash and there in. Judges will usually order that such records remain under seal which means that only the judge and the lawyers can see them.
  3. #3
    heartwood is offline Member
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    thank you

    I appreciate your response - I have one more question... can my counselor limit the files she sends to only those that would pertain to parenting?
  4. #4
    weenor is offline Senior Member
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    Quote Originally Posted by heartwood
    I appreciate your response - I have one more question... can my counselor limit the files she sends to only those that would pertain to parenting?
    Nope, the counsel has to do as is stated in the request. If the letter or subpoena says all, then she must send all. Please note, the none of the records will be admissible if they are not properly authenticated by some sort of certification that they are true and accurate copies kept in the normal and ordinary course of business. Besides it ALL has to do with parenting because your state of mind DIRECTLY affects your parenting.
  5. #5
    heartwood is offline Member
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    thanks again - one more question

    well - at least I have the comfort of knowing that the contents of those records would likely damage his case even more if the judge saw them.

    Let's say the judge seals the records so only he and the lawyers can look at them. IF his counsel reveals what is in the records to my ex, would his attorney be breaking the law?
  6. #6
    weenor is offline Senior Member
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    Quote Originally Posted by heartwood
    well - at least I have the comfort of knowing that the contents of those records would likely damage his case even more if the judge saw them.

    Let's say the judge seals the records so only he and the lawyers can look at them. IF his counsel reveals what is in the records to my ex, would his attorney be breaking the law?

    It would really depend on what's in the order. Could say attorneys and parties and then no, ex could look or attorney could discuss and there would be no penalty. If the order says attorneys only, then if the attorney discussed with ex, it would be violation of the order.
  7. #7
    Zephyr is offline Senior Member
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    Quote Originally Posted by weenor
    It would really depend on what's in the order. Could say attorneys and parties and then no, ex could look or attorney could discuss and there would be no penalty. If the order says attorneys only, then if the attorney discussed with ex, it would be violation of the order.

    that would have to be proven, which could be difficult
  8. #8
    casa is offline Senior Member
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    Quote Originally Posted by heartwood
    What is the name of your state? Idaho

    My ex and I are going to be in court soon for a final determination of custody and his lawyer requested my counseling records. I told him no - he said he can get a court order.
    I went to counseling for divorce recovery because my ex-husband is emotionally and mentally abusive. I didn't want to make the same mistakes again with the man I am dating, so I sought counseling to learn and grow.
    I don't want my ex and his lawyer to have access to those records because my ex-husband would only use those records to hurt me more.
    Is there anything I can do to keep the court from granting an order giving him access to my records?
    They're fishing....and if those records entail sessions where you are/were working through the damage resulting from the abusive ways of your X, they surely won't help their case at all.

    I've seen personal therapy records be subpoena before...and in my own personal case, the nuttyX was also 'fishing'...and due to his behavior during/after our marriage- he regretted it.
  9. #9
    weenor is offline Senior Member
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    Quote Originally Posted by Zephyr
    that would have to be proven, which could be difficult
    Especially if everyone keeps their mouths shut.
  10. #10
    heartwood is offline Member
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    Quote Originally Posted by weenor
    Especially if everyone keeps their mouths shut.
    My ex would have to be comotose to keep his mouth shut - he just LOVES to have the last word... even if it means violating court orders.

    Thanks everyone.
  11. #11
    psfunkytek Guest

    Counseling Records

    I live in California and my ex's attorney tried to get my therapy records and he couldn't. First he tried to bully me into thinking I HAD to provide them, when I balked, I fould he wasn't entitled to them because they are medical records and considered priviledged. If he want's to investigate my CURRENT mental health he could request the court require me to submit to a psychological evaluation if he can convince the court there is good cause to believe I have some problem that would impeed my parenting, but unless I open the door to my medical records (for example having my therapists or doctor testify), it's been off limits so far.

    That was my experience, but my case still drags on so who know what will eventually happen.
  12. #12
    Ohiogal is offline Senior Member
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    Quote Originally Posted by psfunkytek
    I live in California and my ex's attorney tried to get my therapy records and he couldn't. First he tried to bully me into thinking I HAD to provide them, when I balked, I fould he wasn't entitled to them because they are medical records and considered priviledged. If he want's to investigate my CURRENT mental health he could request the court require me to submit to a psychological evaluation if he can convince the court there is good cause to believe I have some problem that would impeed my parenting, but unless I open the door to my medical records (for example having my therapists or doctor testify), it's been off limits so far.

    That was my experience, but my case still drags on so who know what will eventually happen.
    You are WRONG. They can be subpoenaed but you can object to the subpoena. Your medical records are admissible. It just depends on how hard they want to push and what purpose they hav eto get them.
  13. #13
    casa is offline Senior Member
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    Quote Originally Posted by psfunkytek
    I live in California and my ex's attorney tried to get my therapy records and he couldn't. First he tried to bully me into thinking I HAD to provide them, when I balked, I fould he wasn't entitled to them because they are medical records and considered priviledged. If he want's to investigate my CURRENT mental health he could request the court require me to submit to a psychological evaluation if he can convince the court there is good cause to believe I have some problem that would impeed my parenting, but unless I open the door to my medical records (for example having my therapists or doctor testify), it's been off limits so far.

    That was my experience, but my case still drags on so who know what will eventually happen.
    I objected also...it's everyone's right to do so...however, if the judge believes (or is convinced by the other party) that the records are relevant re; your state of mind and behavior as a parent, then the records WILL BE subpoena'd.

    To the OP: If the children were in jeapordy, a competent therapist would report that to the proper authorities as they are 'mandated reporters'...so basically, you already know the therapist doesn't think the children aren't being adequately cared for. And, I'd like to reinforce that if your X is the way you say he is~ The records will only hurt HIM.

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