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Court ordered to provide medical report

(13 Posts)
2muchcrap Wed 29-Jun-16 07:07:54

Wasn't sure where to put this but hope someone can advise (or just hand hold blush )
DC wanted to stop seeing XH so as there was a court order it was referred to court. XH is trying to say I'm nuts and somehow coerced DC to stop seeing him. Court have ordered me not only to provide a GP report on my current MH but a full history of my MH. I was ok with the idea of sending it to court for court/CAFCASS to read but realised I have to serve it to XH. Not happy with this at all. Is there anything I can do to stop it? Appeal? Or with that just get the judges back up and make him conclude XH might be right and it might be me deliberately breaching contact order if I breach order to provide medical report?

Lyndsaylou84 Wed 29-Jun-16 08:32:47

I'm not 100% but I thought medical records were confidential? Have you spoke to your solicitor about it?

PigletWasPoohsFriend Wed 29-Jun-16 08:36:50

Courts can order it yes.

Not sure what speaking to a solicitor will do. It is the judge that ordered the info.

GloriousGoosebumps Wed 29-Jun-16 11:44:53

A solicitor could apply to the Court for a variation of the Order so that, for example, XH is only served with the conclusion of the report and not the preceding paragraphs or perhaps only CAFCASS receive a copy of the Report. It's difficult to predict the likely outcome of an application without more information so you should see a solicitor asap.

2muchcrap Wed 29-Jun-16 16:53:45

I don't have a solicitor, can't afford one and XH solicitor wrote the draft court order so it's very biased. The judge did however sign it off and it's now the actual order written by his solicitor. I've emailed and phoned the court several time but no one gets back to me and the dead line is today. So I don't know what to do.

user1465823522 Wed 29-Jun-16 17:16:54

If you can't afford a solicitor can you apply for legal aid? or even just an hour's consultation with one? This is a big issue and I hope you get ti sorted.

To be honest I wouldn't be happy with my medial history being handed to my ex either.

PigletWasPoohsFriend Wed 29-Jun-16 17:46:18

If you can't afford a solicitor can you apply for legal aid?

Legal aid is no longer avaliable apart from in circumstances of DV and is extremely hard to get.

2muchcrap Wed 29-Jun-16 18:24:31

Yes what piglet said.

GloriousGoosebumps Thu 30-Jun-16 14:46:30

If you're able to actually visit the Court, the court staff will help you draft an application for variation of the Order.

goddessofsmallthings Thu 30-Jun-16 15:10:55

I see that the deadline for you to comply with the order is today but don't panic about that at the moment.

When was the order made and have you spoken to, or visited, your GP in the meantime?

Is there any reason to suppose that disclosure of your past or current mental health could be used support your h's claim that you have "coerced the dc to stop seeing him"? How old are your dc and have you/they met with a CAFCASS worker?

2muchcrap Fri 01-Jul-16 00:00:16

goddess I emailed it to the court last night. However I didn't serve it to his solicitor. The CAFCASS had spoke to me on the telephone but that wasn't a good experience but it was a different lady who came to court and its be her who visits in 10 days

NickCleggsSlippers Fri 01-Jul-16 13:35:19

Hi OP, sorry you're having a rubbish time.

The solicitor of your DH needs those records, as it will be the basis of the next step of his/her argument. I know this is very difficult and very personal but it will only serve to give your ex ammunition against you should you only part comply with the order. If it is any consolation, GP records are ordered quite commonly. I would strongly suggest you comply rather than making an application for variation.

It is the role of the applicant solicitor to draft any court order, so don't worry about that. Only very rarely would the court do it, for example where neither of you have a solicitor - if only you had a solicitor then she/he would have the task.

Is there anything in there that is worrying you specifically? Feel free to send me a PM.

NickCleggsSlippers Fri 01-Jul-16 13:37:06

Sorry forgot to ask, how old are the DC?

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