What happens if I refuse to disclose my medical records?

Errata

Have you considered that not divulging might cause more gossip and tittle tattle than divulging them would?
Plus, not divulging may leave you as you are at the moment regarding contact only at a contact centre.

daska

It might be worth requesting confirmation of what concerns they have and offering to disclose anything relevant to those concerns.

far2812

that's a good idea Daska - I am going to see my doctor today so will ask his advice!

Paparika

It could be that the other side want to use the info about hitting the bottle to make you look bad.

The fact is you have been clean for 3 years (well done )
You've sorted yourself out, but i bet they will try to use that info to make you sound unstable, good advice on here, check what information they want.

See your Gp and see if they can help, it maybe a written report about you is all that is needed? would not mentioning the booze be withholding evidence tho?

pinkshoes

By NOT disclosing your recent medical history, it will look like you have something to hide, and no doubt they will then use this against you.

Which is worse, not seeing your child, or having your medical records discussed?

Could you not try and put a note in with the records stating that this information is private and confidential, and not for public eye?

vaio

Paparika wrote: »

It could be that the other side want to use the info about hitting the bottle to make you look bad.

The fact is you have been clean for 3 years (well done )
You've sorted yourself out, but i bet they will try to use that info to make you sound unstable, good advice on here, check what information they want.

See your Gp and see if they can help, it maybe a written report about you is all that is needed? would not mentioning the booze be withholding evidence tho?

The drink is old news and has already been disclosed, the OP is concerned about something that has happened in the last month

zzzLazyDaisy

The problem is that IF the court has already made an Order that OP must disclose these documents (as opposed to a simple request by her Ex's solicitor) then she will have to make an application to have the Order set aside, and to do that she will have to attend court and answer questions about why she should not have to comply with the Order.

If that is the situation, then it might be worth disclosing the documents to the judge and asking that only relevant information be disclosed to Ex's solicitors (although there is no guarantee that the court will agree to this)

If no court order has been made for disclosure of these additional records, then OP is entitled to refuse the request.

Jo_R_2

Surely they can only request relevant information?

So for example they surely couldn't have the right to see EVERYTHING, like what relevance would it have to the case for people to know the OP say, had a smear test last month (sorry but you know what I mean!)

Can't you request that the GP only release what he/she feels is relevant and run this by you before the records are passed over, or is this not do-able?

daska

There are certain things which, as a parent having been through the family courts, I know would be concerning e.g. substance misuse, self-harm, abusive relationships (all these were factors in the residency case that brought DSD to us) and I know CAFCASS took a very dim view of our NRP (formerly PWC)'s failure to address any of these issues. There are also factors that are outside the control of the person concerned such as mental and physical illnesses that might warrant disclosure.

If you have any doubt whether the records you're concerned about could be considered to be relevant then you are better off disclosing voluntarily as it won't look good if you try to hide it - it will also just delay the process while they seek an order for disclosure.

Is there any reason you can think of why the PWC might know or think that whatever happened recently might be concerning?

zzzLazyDaisy

Is there a court order?

If so, then you must do whatever the court order says. If it says you must disclose your medical records for a given period, that is what you must do.

The problem with only disclosing what you, or your GP, considers relevant is that the court cannot know how you came to that decision. You could with-hold information that the court considers relevant (not saying you would, but that is how the court would view your refusal to give full disclosure).

If there is a court order and you don't feel that you should have to comply with it, for whatever reason, then you need to apply to the court to have the order varied or set aside and explain your reasons for this.

One thing is for sure - if the court has ordered you to disclose your recent medical records, and subsequently finds out you have only made a partial disclosure, it WILL go against you. This is because the court will be left having to guess what you might be refusing to tell them. They have to put the child's best interests first, so if there is information which you are refusing to let the court see, they will almost certainly assume the worst.

Also, at some point you will have to swear on oath that what you are saying is true. Under cross examination you could well be asked about your medical records, and if you lie under oath and are then found out, your Ex's solicitor will have a field day.

You have to ask yourself what is more important - your fight for your child, or your privacy.