Access to medical information

[trinton]

I've dealt with this.

The right to access entitles to right to information. Only the principal will respect this right as they are mandated to by the school board.

Everyone else, write a letter asking for the information and deadline for them to get back to you. If no response, ask mom for consents, if that's unsuccessful as well then you need to bring a motion.

I was forced to bring a motion as the doctor wouldn't release me information with moms consent. Of course mom will consent ti the motion unless she's got something to hide.

You need a good lawyer for this, the judge can very quickly turn against you if they don't like you. Opposing lawyers with good relationship with judges can very quickly turn judges against you. Even seek costs against you if your are successful. The system is just that screwed up.

Keep fighting and never give up, we are officially in family law crisis in Canada.

[LovingFather32]

I enjoy this thread. In my case my ex made numerous false allegations and began bringing D5 to see a "woman's Shelter" "witness" counsellor. She had earlier asked my permission and I said no...due to the fact that D5 had never witnessed anything. I then provided 4-5 different, qualified child psychologists with experience in separation/divorce.

Well, ex brought her anyways. I wrote a letter and the shelter counsellor basically told me to take a hike. My ex had also set up a new paediatrician behind my back (after her abduction and hiding) and upon request for medical information about D5, the Doc refused me telling me Id need a court order. I couldn't have been more civil and relaxed in the matter. I think it all depends on the Dr and the wild tales your ex is telling them.

Your ex seems to think she's god of all right now. As Tayken and others have pointed out .. she's definitely wrong and obviously hasn't done her research. You have a very good paragraph above about why it would be advantageous to have your daughters med info....use that in court if needed.

[peeldad88]

Why don't you simply request a meeting with the therapist, doctor and your ex?
Come armed with specific questions.... If this isn't feasible then I'd recommend faxing a letter to the therapist and doctor with your specific questions and/or a request for an appointment to meet with them to discuss your concerns.

I actually first requested a meeting with my daughter's psychiatrist 2 months ago once my ex finally revealed their name. I was eager to talk to any physician who was familiar with my daughter due to the growing concerns I mentioned. I was able to schedule a sort of meet-and-greet and I let my ex know immediately after that I would be meeting this doctor and it would be great if she came along to discuss what I thought were our mutual concerns. Unfortunately, the receptionist called the very next day to cancel and said that my ex claimed I had no right. A few days later, my ex lets me know that she made an appointment with the same psychiatrist for the same date and time slot I originally scheduled for my meet-and-greet, and that I was welcome to come along. I was confused but told her I would be there. That appointment was then postponed for a later date - which is the date I can't make.

Thank you for suggesting that I fax a letter to the therapist and doctor (it seems they share an office). I am still waiting to see if my ex supports the idea of a phone conference between the 4 of us. If she does, would you suggest I stick to that plan or should I reach out once more (this time via fax) to the therapist and doctor with my questions?

[peeldad88]

I've dealt with this.

The right to access entitles to right to information. Only the principal will respect this right as they are mandated to by the school board.

Ah, that makes sense. Throughout this process I've found my daughter's school faculty the most helpful. Once they learned I existed, they suggested I come to a meeting my ex failed to tell me about. Like I mentioned, they also allow my child the privilege of calling me anytime she's missing me while at school. When I asked my daughter's teacher if they had a counselor my daughter could speak to, she immediately said yes and sent a consent form home to my ex for her approval. My ex unfortunately rejected the idea and came up an excuse.

You need a good lawyer for this, the judge can very quickly turn against you if they don't like you. Opposing lawyers with good relationship with judges can very quickly turn judges against you. Even seek costs against you if your are successful. The system is just that screwed up.

Keep fighting and never give up, we are officially in family law crisis in Canada.

I'm not sure if it's fortunate or unfortunate but at the moment, neither one of us has a lawyer. I had legal aid in the beginning, but that didn't work out. I can say with certainty that my ex believes this is an easy win for her and will not "waste" any money on a lawyer even if she needed one. She is extremely protective of her money. In fact, her biggest fear of me having primary care, is the chance that she may have to pay child support. The only time I ever saw a look of contemplation on her face was when I offered to sign an agreement promising never to claim child support.

Thank you for the encouragement. My ex is incredibly manipulative, but organized and calculated and there are times when I am overwhelmed with frustration... but then I think of my daughter. For her, I will never stop fighting.

[trinton]

My ex is incredibly manipulative, but organized and calculated and there are times when I am overwhelmed with frustration... but then I think of my daughter. For her, I will never stop fighting.

That is when a good lawyer comes in handy, will take the stress of your chest and get the job done to your satisfaction, and you can focus your energy on your relationship with your kid.

feel free to PM me if you need sample documentation and affidavit in support of a disclosure motion it is very hard to lose such motions if you are being denied the information and you can prove it (i,e., faxed letters with no responses, or responses of NO, otherwise, mom will sort of have to consent to them being released to you otherwise the courts will think she has something to hide.

You will have to serve the notice of motion and affidavit on the doctor, counselor, etc. and if they don't respond, then you will automatically get them unless mom opposes them - which will make her look ridiculous. There is not a whole lot the doctor or counselor can respond with, the courts will slam them.

you're even entitled to Police and CAS records if you feel they have information o share with you. There is a case law of self represented dad getting CAS records under certain criteria - you also have the right to schedule an appointment with CAS to veiw the records on site.

[arabian]

Do you work out of the country? I am puzzled as to why you cannot commit to meet the medical team in person.

I think it is important, from here on in, to express your wishes/request in writing via fax. A lawyer would do no less. You will learn going forward that it is imperative to have documentation of everything you do. Now is a good time to start doing that.

[peeldad88]

I enjoy this thread. In my case my ex made numerous false allegations and began bringing D5 to see a "woman's Shelter" "witness" counsellor. She had earlier asked my permission and I said no...due to the fact that D5 had never witnessed anything. I then provided 4-5 different, qualified child psychologists with experience in separation/divorce..

Thank you LovingFather32, I've read some of the advice you've provided in other threads and they've been extremely helpful.

My ex made numerous allegations as well which lead to criminal charges. She literally accused me of assaulting her one day, then filled out her application for sole custody later that week. These charges were eventually withdrawn, but the accusations resulted in my daughter and I being apart for several months because I was not to have any contact with my ex or anyone in her family for the duration of the case.

I don't know if my ex is telling our child's doctor and therapists some wild tales lately, but their attitudes toward me seem to change once they've spoken to her to let her know I called them. I've uncovered notes in my daughter's assessments where my ex claimed there is a history of mental illness from my side of the family. The thought of doctors even partially basing their treatment plans on this misinformation is beyond concerning.

I'm truly grateful for the information I've gotten so far from this thread. I was able to confidently let my ex know that I indeed had the right to request information without her approval. In response, my ex claimed it was merely a "request" that she be present when I speak to our child's therapist. In her previous email however, she wrote that she "needs" to be present when I talk to the therapist and that all information must go through her.

[peeldad88]

That is when a good lawyer comes in handy, will take the stress of your chest and get the job done to your satisfaction, and you can focus your energy on your relationship with your kid.

feel free to PM me if you need sample documentation and affidavit in support of a disclosure..

I wish a lawyer was an option for me at this point, but I just can't afford one. I had a legal aid lawyer representing me for nearly 2 years, but it is turning out that he's done more harm than good.

I'm still waiting for my ex's response to my request for a phone conference. I will also be sending the therapist and psychiatrist written requests for any notes and records they are able to provide concerning my daughter. If denied, I will definitely PM you for that sample documentation and affidavit. Hopefully, it doesn't get to that, but if it does I'm thankful for any help that you offer.

[peeldad88]

Do you work out of the country? I am puzzled as to why you cannot commit to meet the medical team in person.

I think it is important, from here on in, to express your wishes/request in writing via fax. A lawyer would do no less. You will learn going forward that it is imperative to have documentation of everything you do. Now is a good time to start doing that.

No, I don't work outside of the country. I'm a student and as I mentioned, it is exam season. There is only one date I couldn't commit to. I committed to the original date we were all scheduled to meet, but then it was postponed to a later date - the one that I can't make.

Thank you for the reminder of having documentation for everything. All of my communication with my ex is through email, although she's attempted to talk briefly during pick-ups and drop-offs. I did not think it was going to be difficult to simply ask my child's physician and therapist questions, but now that it evidently is, I will be sure to start communicating with them via email and/or fax.

[arabian]

Don't look at it as a brush-off.

I work for a very busy specialist. EVERYONE wants to talk to him but it is impossible. The doctor appreciates emails or faxes. This gives him a chance to review the file and prepare for returning the call; responding specifically to concerns; meeting with parent/patient. Of course curtails people on "fishing expeditions."

Which ever way you opt to communicate with the doctor I would recommend keeping your questions relevant and to-the-point.

Some physicians will not return calls; meet with one parent without the other and often will only provide information in person by appointment.

[Tayken]

Some physicians will not return calls; meet with one parent without the other and often will only provide information in person by appointment.

Because they can bill for the encounter and not the others. Well, depends on the province. But an in-person encounter bills out way more.

[arabian]

Because they can bill for the encounter and not the others. Well, depends on the province. But an in-person encounter bills out way more.

Don't think its about the money but rather finding solution to answering questions and distributing information effectively. No one wants to get drawn into a 'he said/she said' situation. Physicians don't have time for games or allegations of preferential information sharing with one parent over the other.

Fees billed to provincial health care for office consultations are paltry in comparison to visits to your lawyer.

Doctors who make patients come to their office every three months for refill prescriptions (when patient takes same medication for years) are taking advantage of billing (they don't get paid for approving refills by fax/phone). A few years back Alberta empowered pharmacists with prescription writing authority. I often wonder how many people are aware of this.

[stripes]

Requiring people to schedule an appointment and make the effort to come in and see the doctor also helps to sort out the ones who are serious about getting information from the ones who just phone to complain.

[trinton]

Requiring people to schedule an appointment and make the effort to come in and see the doctor also helps to sort out the ones who are serious about getting information from the ones who just phone to complain.

In my case, I had to schedule an appointment with the doctor to ask for the records, when I attended, the doctor's very first words was "do you have custody" ? the answer was no and I was told to send in documents from my lawyer before she could release anything. The lawyer emailed other lawyer and I got consents from mom and the information was still not released to me. I was forced to bring a motion. Soon as they got served with court papers they started releasing information but still wouldn't release everything. The lawyer had to send a letter that no everything was released and yeah... the joys of not being an equal parent in the eyes of our family law judges.

Don't we all love partial family law judges.

[peeldad88]

Don't look at it as a brush-off.

I work for a very busy specialist. EVERYONE wants to talk to him but it is impossible. The doctor appreciates emails or faxes. This gives him a chance to review the file and prepare for returning the call; responding specifically to concerns; meeting with parent/patient. Of course curtails people on "fishing expeditions."

Ah, yes, makes sense. I've noticed that even my own physician's office is quick to end our phone conversations, so I recognize this is generally the way it is.

I have a list of questions and I also have a request to access to my daughter's medical records. Should they be faxed together or separately? I don't want to overwhelm them. Unfortunately, my ex still has not shared any details with me concerning our daughter's treatment plan, and has recently only informed me of a new medication that has been added to the mix - only so I can administer them when she is at my house.