How can I protect my 15-year-old therapy records from my ex-husband, who also has 50% custody of my son? He has used my son’s therapy note to make a case against my other child, who also has the same father. Now my ex-husband is trying to say that he should have full custody of my son, because my daughter doesn’t want to go to his house, and raises safety concerns. My other child will be completing her treatment soon, and I am afraid she is not going to have enough time to mend her relationship with her brother.
My son has mentioned many times that he doesn’t want his therapy notes to be used for court. He has also mentioned that he has difficulty expressing his true feelings because his records can be used in court. I am afraid my son is not going to be honest with the therapist if he comes to find out his information was taken to court by his father.
A therapist can be subpoenaed to testify at trial but the therapist cannot testify about what the patient said. The therapist can only testify about diagnoses, goals of therapy or what the therapist and patient are working on, any concerns the therapist has, and appointment history.
Generally therapists’ notes are minimal and vague and provide no helpful information to a litigant.
If your ex-husband subpoenas the therapist’s notes, the therapist can file an objection and motion to quash the subpoena.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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