Motion for Production of Medical Records

[dadtotheend72]

Can anyone help me out with the process for bringing a motion for production of the respondent's medical records in a custody case? Do I need to serve her with a formal request for the information I'd be requesting in the motion first? Can anyone tell me what the legal test for succeeding on such a motion is? What type of evidence is required to obtain am order? I'd appreciate the benefit of anyone else's experience with this.

[stripes]

Why do you want her medical records? That information is confidential to her, and *extremely* well protected by law (look up the Freedom of Information and Protection of Privacy Act, or FOIPP). As far as I know, the only people who can access someone's medical records without that person's written consent are medical personnel in an emergency situation and legal guardians or next of kin. Employers and insurance companies can ask, but the individual doesn't have to comply.

If this has something to do with her fitness to parent, you should look for documentation of that specific aspect - fitness to parent - and lay off the details of her health. Trying to get hold of medical records should not be an end run around getting a proper evaluation of her parenting. If her health is an issue in her parenting, that will come out in documentation of parenting.

I can see absolutely no reason why someone should have to produce medical records for the satisfaction of their ex. Deal with the actual issues, if there are issues, and leave your ex her privacy.

If this is because you think there's something in there might be embarrassing to your ex to have aired in public, like a psychiatric history or a chronic illness or whatever - that's just mudslinging and any halfway competent judge will see it that way.

[standing on the sidelines]

Can anyone help me out with the process for bringing a motion for production of the respondent's medical records in a custody case? Do I need to serve her with a formal request for the information I'd be requesting in the motion first? Can anyone tell me what the legal test for succeeding on such a motion is? What type of evidence is required to obtain am order? I'd appreciate the benefit of anyone else's experience with this.

cant see it being too easy to do. Maybe you should be looking at another avenue for the information you want.

[dadtotheend72]

Ok. A few preliminary remarks. There were two possibilities here: (1) My interest in those records related to her fitness (i.e. For mental health reasons) or (2) I simply wanted to embarrass her. Was there anything in my initial posting to suggest the latter possibility? If so, I may need to adjust my writing style to make it much clearer. Of not, why assume the worst and lecture someone you don't even know on the obvious? If you were uncertain about my intentions or interest in possibly bringing such a motion, why not ask why instead of assuming I might simply want to embarrass someone I lived with and loved for 13 years and had a beautiful child with? Thanks for the insight but I'd suggest asking someone a few quick, simple questions first before presuming to impugn the poster's morality.

[stripes]

I can't think of any legitimate reasons for wanting someone else's medical records, but maybe I'm missing something. If so, I apologize for jumping the gun. Why *do* you think you should have her medical records?

[standing on the sidelines]

I can't think of any legitimate reasons for wanting someone else's medical records, but maybe I'm missing something. If so, I apologize for jumping the gun. Why *do* you think you should have her medical records?

reason #1 I think.

http://www.ottawadivorce.com/forum/f...-access-16257/

[blinkandimgone]

Well, the records are confidential. And doctors have an obligation to report someone if they feel they are a danger to their children or others.

Has CAS requested the records or are you deciding on your own that she is unfit?

[stripes]

Looking at the OP's earlier thread, it sounds like he already has plenty of evidence of his ex's fitness (or lack thereof) as a parent - OCL, CAS, reports from other people, etc. I can't see how her personal medical records will enhance this. She can be completely batshit crazy, but what matters is whether she is able to parent despite whatever health issues may exist. The fact that his ex at one point said she would provide medical records is irrelevant here - she has no obligation to do so.

I'm going to go way out on a limb here and say that if the ex does have bipolar or borderline disorders, the OP probably wants to limit any action on his part which could be construed as invasive, because these people tend to be "triggered" by feeling like they're under threat. Trying to get medical records would certainly qualify. Hell, it makes *me* feel threatened and I'm not remotely batshit crazy. I think the OP would do well to concentrate on the information he already has about his ex's parenting capacities and avoid battles over confidential personal records.

[dadtotheend72]

I'm wondering where the idea that health records and especially mental health records are somehow sacrosanct in litigation? Yes, to seek an order for their r production they have to be relevant to the issues in the case. No, such an order cannot be sought merely as part of a fishing expedition intended to simply embarrass the other party. Subsection 35(5) of the Mental Health Act specifically provides that :

Disclosure pursuant to summons
(5)**Subject to subsections (6) and (7), the officer in charge or a person designated in writing by the officer in charge shall disclose, transmit or permit the examination of a record of personal health information pursuant to a summons, order, direction, notice or similar requirement in respect of a matter in issue or that may be in issue in a court of competent jurisdiction or under any Act. R.S.O. 1990, c.*M.7, s.*35*(5); 2004, c.*3, Sched.*A, s.*90*(8).

There are conditions under which a court may refuse such an order. And conditions under which the persons responsible for keeping such records may legitimately refuse production. But personal health records are not immune to orders for production in litigation.

[lplp]

You might not want those records anyways ,, I was going to go that route also,, but she could play the i cant work card as you brought it up as evidence ,be careful on that venue.. I didnt go there at all and trust me I could of ,she has proved herself the last year and half by not bothering with the kids .. all comes out in wash...

[blinkandimgone]

Medical records are often deemed irrelevant if the patient is receiving treatment.

As well, if you fell you are entitled to hers, perhaps you should consider if you'd be happy to have yours provided and made public record?

[wretchedotis]

the 'fot' in the subject title really bothers me.

that is all.

[Mess]

the 'fot' in the subject title really bothers me.

that is all.

I fixed it, just for you.

[FB_]

I had very similar discussion with my lawyer regarding my ex's mental health. She was "non-compliant" with her medical treatment at one time. We had requested access to only her records in regards to the treatment of her bi-polar disorder by xxx doctor. Again it was just to show proof of her non-compliance and not a fishing expedition.

My lawyer said there was pretty much no way in hell it would be granted but if you don't ask you can't get.

I would not count on getting any of this as your proof... You definitely need something else.

[wretchedotis]

I fixed it, just for you.

thank-you, sir!