Originally Posted by azfiresmbm
Yes they can be used ,
She would have to subpoena for the records to be released and also prove why those records are relevant to the case at hand.
It is usually the judge makes the final decision whether or not the records are to be released .
Once that is done the records can be reviewed by both parties within the judges chambers or within a closed courts .
Thank you. Can an individual file paperwork to subpeona records? As I said, he is doing this without a lawyer. So if the records are subpeona'd on the day of trail would the records be there and it would just be up to the judge to use them or not?
Originally Posted by pranamama
med records are definitely available to be used in court.
I think it depends on the judge for counselling records. I think it is kind of rude to demand exact accountings of what a child is talking about in sessions as it may tend to prevent needed counselling from taking place, in the short or long term.
Most children who are over a certain age appreciate privacy and supeonaing counselor records could back-fire.
This is a great concern. Said child is 7-8. Childs mother has claimed to have child in counseling for over a year, but refuses to let childs father know who the care provider is. They have joint custody and mother is primary. I don't know alot of the legal system, but I am guessing if cousin files to subpeona the childs health records, then because he doesn't know the childs HCP, the childs mother will then be informed of this action. Childs mother is not a reasonable person about this right now so she will
and hate childs father even more. I know the father does not want the child to suffer and knows that the child needs an outlet. Childs mother is in a marriage that has been violent enough that the police were called out to her home. Arguments are often heard in the background during fathers calls to daughter. Child speaks to father about anger and fights. I can totally see childs mother stopping counseling if she knew the records would be subpeona'd. I really believe childs nightmares and other issues are related more to her current environment than the separation from her father. I think the separation from her father just adds to the anxiety.
Would you subpeona childs records in this case? I don't know if child is currently in counseling with regularity, but if so, it is possible mother would not continue such arrangements. My cousin realizes that him becoming childs primary custodial parent is not highly likely, but childs mother is making serious false accusations (attempted kidnapping) and my cousin is eager to show the court that most of her case is based on simple untruths and the childs mothers extreme dislike for childs father. (This sounds irrelevant, except that if the counseling records show that what mother claims to be the issue and what the counselor has observed are two different things she will lose much credibility.) So the hope is to subpeona childs health records so cousin can know what is truly upsetting to his daughter. He also wants to subpeona police records regarding DV calls at daughters residence. Can that be done too?