What happens if I refuse to disclose my medical records?

far2812

Hi everyone - I am currently going through a child contact case for my daughter and the other side have asked for my medical records.

There is a lot of information in the records that I do not want anyone to know.

My ex is still in touch with my siblings (I dont speak to them) - and I know that it will be just used as a topic of gossip!

What do you think the Courts will say if I refuse to release my recent records??

They have had 5 years worth up to the past month but I dont want anyone to see recent information - that is between me and my GP and I want it to stay that way!

Caroline73_2

So the court have had the past five years worth? How old is your daughter and how would your medical records be relevant to the case?

You do need to strongly consider what is more important though, whatever may be disclosed or contact with your child.

far2812

Yes - my daughter is coming up 4 - I had a breakdown and hit the bottle! My daughter lived with her father from 8 months!

I have been clean now for 3 years so they know all the relevant information in that sense!

Of course contact with my child is more important but like I say, I don't think they need to know everything that is not relevant to the court case.

Thanks

Caroline73_2

So they have all the medical records since she was born - Tell them to go jump as anything prior to that is irrelevant!

I haven't got any legal knowledge - just another mum but one would hope common sense would prevail. Surely any judge would see that.

Good luck.

maggied_2

Could it be that if you withold information they would think it meant the worst (ie that you had had a relapse)?
Would the court reveal the information to your ex? Is there not a confidentiality clause here?
I would release the information as long as the contents weren't revealed - you don't want to be seen as being secretive. What has your solicitor said?
What sort of information are we talking (if you don't mind me asking?). Is it thrush / chlamydia type stuff that noone really wants anyone to know or is it lifestyle stuff?

far2812

Yes they have had my medical records up until last August- to be honest I think because they cannot find anything wrong - they are now looking to see if there is anything in my medical recent notes.

Maggied - yes it is related to personal medical health - not lifestyle - I honestly haven't told anyone and don't believe it should be passed around for everyone to know.

There is nothing in my medical notes that would affect my daughter!

I see my daughter every Saturday and we get along brilliantly but her father still insists that contact has to take place in a contact centre.

There is absolutely no reason (I never did anything to hurt her - my mother died just after I had my daughter and I had a breakdown) - I asked for help and she went to live with her grandmother - now I am fighting for my life to get to see her more

Thanks for everyone's help!

maggied_2

Well good luck!

If the information is personal / embarrasing AND it could be guaranteed that it wouldn't be disclosed to anyone apart from the professionals involved then would it not be worth just declaring?

If you hold it back could be seen to be being 'difficult'? Or that you're holding something back to do with mental health / substance abuse (I'm absolutely not saying it is of course, I read your message, just sometimes people do think the worst!). Hope that makes sense.

C xx

far2812

I know Maggie - it is just that last time - my whole medical history was discussed in the Court!!

I don't want to be difficult but the information contains something that happened in my life that I want no-one to know!

It will damage me - if other people know - if you know what I mean!

maggied_2

I don't really know what you mean but will take your word for it

Do you have a solicitor or are you representing yourself?

zzzLazyDaisy

If the other side ask for your medical notes you are entitled to refuse on the grounds that you have complied with their earlier requests and as far as you are concerned this most recent request is simply a fishing expedition, and accordingly you are refusing their request.

BUT they can then ask the court for an order that you disclose them. There is no guarantee the order would be granted and they would have to explain why they believe the documents are relevant. However If the court makes the order and you continue to refuse, then you would be in contempt of court. Worst case scenario you could go to prison although realistically that's not likely. But your refusal could be held against you by the court and that could result in the decision going against you, as for all the court knows, there could be something in the medical records that might affect the decision.

Do you have a solicitor? If so, you should be asking him/her for advice about this.

far2812

I am representing myself at the moment!

It would affect me more mentally knowing that it is "public knowledge".

I suppose it looks like I will have to divulge them but I really really didn't want to...........

Privacy means nothing really anymore!