Court yesterday

[momself]

What is the name of your state? Missouri

Just an update...

I went to court yesterday a.m. and i thought i was just a review because the x had hired a new attorney. My attorney also told me that it was just a review.
Five minutes before court my attorney told me that his lawyer was going to ask the judge for an order granting them access to my childrens counseling records. He wanted to know if i would agree to that. I said no. He said that they would then ask for a deposition which would mean my kids would be brought into court to testify as to what they have told the counselor. I again said no to that. He then informed me that if i refused both of those that my x would receive unsupervised visits with our daughter. I ended up agreeing to the access to their medical records to keep them out of court for now. I was furious though.

My son was in counseling several years ago and the diagnosis was ADHD and ODD. My x and his attorney are wanting those records as well as the current records. I have no idea why. I feel that the past records are of no concern to him whatsoever. But he gets them now.

I have some other news as well but don't want to post on the forum. Good news and bad.

 

[stealth2]

I'm not sure I understand - what is so wrong with their father have access to medical records, be they counseling or other?

 

[momself]

my x bf is not the father of my two oldest children, just the youngest. He has access to our daughter's records, but he has been wanting my other childrens records. Now with this court order he gets all of their records, even the ones concerning my son from several years ago.

He wants all of this because he thinks this will help him win custody of our daughter. In earlier threads, i stated that he sexually abused my oldest daughter. That's the news i was referring to earlier, but i'm not going to post that here for everyone to read.

 

[Lil Miss Smarty Panties]

JMO but I think your lawyer gave you bad advice.

 

[kidoday]

Hopefully the counselor refuses to give the records, and if the counselor chooses to produce them adds a hefty cost.

 

[stealth2]

Yeah, I think the lawyer could have argued the point.

 

[Boxcarbill]

Yeah, I think the lawyer could have argued the point.

I discussed this before. The lawyer can argue all he wants. He can argue until the cows come home. Because mom made an accusation against this man that involved the oldest daughter, he is entitled to the child medical records which are relevant regarding the injury claimed. Period. If a person does not want to let someone have access to their medical records, then do not make a legal claim of injury. But one cannot claim injury and then refuse to provide information to the other side regarding the claim. It is just that simple.

 

[stealth2]

I understand what you're saying, BCB... But I'm curious - would pertinent records include medical records of children that are not his? That's where I see the issue as being a little less clear.

 

[Boxcarbill]

I understand what you're saying, BCB... But I'm curious - would pertinent records include medical records of children that are not his? That's where I see the issue as being a little less clear.

You are confusing issues. One is a parents right to access to school and health records of their child to same extent as if they were still married.

What we are talking about here is that momself accused this man of sexually abusing her oldest daughter. Now, this man (who just happens to be an ex b/f and the father of her youngest child) wants to see the relevant medical records pertaining to the alleged sexual assault of this daughter. He is entitled to see the records in support of this claim to the same extent as if he were a stranger who had been accused of sexually assaulting the daughter.

 

[stealth2]

Okay, that makes sense to me. Thanks - I like to learn something new every day!

 

[momself]

and what does my son's records have to do with the current custody matter? The counselor mentioned that he might try and use the fact that my son can be aggressive due to ADHD and ODD and try to say that he doesn't want our daughter in that environment. He was around at that time when my son was on meds and seeing the counselor. His suggestion...beat the hell out of him and then he'll mind you.

I know that my oldest daughter's records are only going to incriminate him more, but my son's records? Makes no sense to me.

 

[stealth2]

I suspect because your son may or may not have said something to the counselor about your daughter and her relationship with Dad.

 

[Boxcarbill]

and what does my son's records have to do with the current custody matter? The counselor mentioned that he might try and use the fact that my son can be aggressive due to ADHD and ODD and try to say that he doesn't want our daughter in that environment. He was around at that time when my son was on meds and seeing the counselor. His suggestion...beat the hell out of him and then he'll mind you.

I know that my oldest daughter's records are only going to incriminate him more, but my son's records? Makes no sense to me.

I would only be speculating as to what your son's records have to do with the current custody matter. But if ex gets access to these records one of two things happened: (1) a judge found that the records requested are relevant to a matter in dispute or (2) the party claiming privilege of medical records (patient or guardian/parent of a minor) waived the right of privilege--i.e. agreed to give access to the records.

 

[momself]

thank you boxcarbill

I guess we'll wait and see what happens.