What happens if I refuse to disclose my medical records?

puddy

any records disclosed to the court are confidential, if you have evidence at a later point that these have been discussed with non parties outside of the court, then you would have the right to take action.

it is for the court and the CAFCASS worker to decide what is relevant information, its no good saying 'only supply the relevant information' as its only when all information is available that the worker can see what is relevant, so they will ask for all medical records.

you can always ask that the information is only shown to the judge and other side's solicitors rather than your ex if you have legitimate concerns that the information will be spread outside of the court

peachyprice

vaio wrote: »

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

But surely the 'old news' is irrelevant, where OP is here and now is the relevant part, the bit OP is trying to not disclose

Morglin

far2812 wrote: »

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!

It's your choice whether you release your records, but refusal to do so may affect your case.

The courts need to be sure that contact would be safe, and medical history is part of this process.

Lin

zzzLazyDaisy

jenner wrote: »

you can always ask that the information is only shown to the judge and other side's solicitors rather than your ex if you have legitimate concerns that the information will be spread outside of the court

You can ask that the medical records only be disclosed to the court. If the judge agrees to this, he will confirm to the Ex's solicitor that the documents do not contain any information that will be taken into account in making the decision. If the judge is in any doubt about whether something might be relevant, he will disclose it to the other side so they can take it into account when putting their case.

But the court won't agree to only disclosing the info to the EX's solicitor because a court can't ban a solicitor from discussing the case with their own client, who is also a party to the proceedings.

As someone else has said, information disclosed in court proceedings is confidential and should not be discussed with anyone not involved in the case. The problem is proving it - unless the person who was told this info is willing to go and tell the court, your Ex will just deny it, and you won't be able to prove otherwise.

I suppose you have already considered this, but just in case - have you enquired about whether you are entitled to legal aid?

far2812

Thanks everyone - to be honest - I would tell you exactly what the problem is if I didn't think my ex looked on this site!!

I have divulged all previous information that would in any way affect my daughter - I was happy to let the courts know my medical history when it came to her safety. They have seen the problems I had breakdown, alcohol issues, and they have also seen the improvement in my situation!

I havent been to my doctor regarding any other issues apart from the one I am talking about (sorry if this seems elusive)!

So really - the court has my medical history for 5 years up to August last year - and apart from anti-depressants and this other "issue" there is nothing else on there!

It just seems that everyone around me is wanting me to breakdown again and it would not be in my mental health well being for me to know that "What happened would be public knowledge"

I have gone through an awful lot (as we all have) overcome my illness and all I want is to see my daughter more often.

My ex - hates the fact that I am now well and moving on with life and that my time and relationship with my daughter grows stronger and stronger...........

I suppose I am just scared that I will breakdown if my "laundry" is hung out to be aired for all to see!

far2812

Sorry meant to say I don't think it is a court order - it was by request from the other side's solicitors.

zzzLazyDaisy

If it was a court order you would know - it would be a formal document with a court stamp.

If it is just a request from the solicitor, that is very different. Presumably it is just a letter from the solicitor? If so, then no, you do not have to comply with the request. Just write a polite letter along the following lines:

Dear Mr Blank

Thank you for your letter of [date].

I have previously complied in full with your request for copies of my medical records for the five year period commencing [date]. Those documents have also been presented to the court for consideration.

I can assure you that there is nothing in my most recent medical records that has any relevance to these proceedings. However having had the unpleasant experience of having the personal contents of my previously disclosed medical records discussed outside the confines of the court by people associated with your client, I regret that I am not willing to consent to further disclosure without a court order, which will be resisted on the grounds stated above.

Should your client instruct you to seek an order for disclosure and discovery of these documents, please also forward a copy of this letter to the court together with your application.

Yours etc

daska

Could you ask your GP for a letter advising that it is not in the best interests of your health to have your entire medical record made available to your previous partner and that the records should be made available only to the judge.

crossposted with zzzLazyDaisy - totally agree

vaio

Maybe you do need legal advice as, from what I remember, in cases like this the judge will order a report from a court welfare officer and it is she who would request the medical records, assess them and include anything relevant in her report.

Having said that, my last involvement was 20+ years ago and names & procedures might well have changed

zzzLazyDaisy

vaio wrote: »

Maybe you do need legal advice as, from what I remember, in cases like this the judge will order a report from a court welfare officer and it is she who would request the medical records, assess them and include anything relevant in her report.

OP if the request has been made by the court welfare officer, then that person is acting on behalf of the court. If that is the case, then don't send the letter as that won't help you. You need to contact the court welfare officer and explain the problem.

BUT it is not unusual for solicitors to go on 'fishing expeditions' just asking for documents in the hope they will contain something useful. They are not supposed to do this, but most people don;t realise and just comply with the request. So IF your Ex's solicitor has sent you a letter asking for the medical records (not the court or the court welfare officer) then you can just reply as I've suggested.