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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

A guess is better than no answer at all - AIBU to feel uncomfortable?

52 replies

Flappypants · 22/09/2018 21:53

Hi

My EA narc STBXH (some of you may remember the speeding, groping, throat holding threads I put up some time ago) is dragging me over the coals big time. He managed to get a judge to order that I have a full psychological assessment (part 25) which I did on Wednesday. He also has access to my full medical records. I tried to stop it but no luck. As a side issue, how can a court judge that the abuser in a DA situation can access some of the most private things even when they are out of the situation? I feel utterly sick and vioared at the thought of him picking through my medical history after everything he has done.

Anyway. My assessment consisted of an interview of around 90 minutes followed by psychometric testing. It has been a trying time and I was getting very tired especially after the intense interview and I started to find it difficult to concentrate and found the harder questions impossible. I said so and the girl doing it (A PhD student who was assisting the expert witness doctor) said "just guess. It's better than giving no answer at all".

I was really not happy about that as a solution. What if one of my guessed answers - I had tried to be reasoned and systematic about answering all my other questions.- threw up a red flag because I had unwittingly answered "badly"? Could this skew my results and potentially bugger me up??

I have registered my discomfort with my solicitor but I wonder if any psychologists/psychiatrists who have carried out such tests agree with this girl, or if anyone has undergone these tests in this context (ex trying to say you are mad, a danger to the children, unfit to parent etc etc) can tell me what their experiences are.

T.I.A xxx

OP posts:
LucieMorningstar · 22/09/2018 21:59

I have no advice for you op on this but wtaf?? Your stbxh has FULL access to YOUR medical records?? That is bad beyond belief. Hope someone comes along soon with proper advice though.

Flappypants · 22/09/2018 22:06

Yes I know. It's AWFUL. I'm speechless that a victim of DA doesn't have court protection from the abuser in this way.

OP posts:
LucieMorningstar · 22/09/2018 22:21

Surely it’s all confidential though?? I can’t even contemplate what you’re feeling. He knows you hate it though and loves the control. Evil.

Flappypants · 22/09/2018 22:32

Nope, all interested parties get to see my entire medical records. Lovely.

OP posts:
LucieMorningstar · 22/09/2018 22:36

“Interested parties”?? That’s disgraceful. Sorry Ive missed the whole point of your thread though.

Mammylamb · 22/09/2018 22:37

That sounds awful. Why on earth does he have access to your medical records? And why has a judge ordered psychological testing?

Mummymummums · 22/09/2018 22:39

Something has gone badly wrong here by the sounds of it. It is incredibly hard to persuade a judge to order medical records be released. I've only seen it done where there are serious concerns about the person whose records they are. Even when released they can often be redacted for irrelevant stuff. Or only shown to the expert.
I assume these are Children Act proceedings?
I think I'd be looking at whether there's grounds for appeal.

Flappypants · 22/09/2018 23:10

About four years ago I attempted to take my own life after prolonged severe mental and emotional torture by my husband. The judge was borderline about ordering the part 25 because there are no concerns about my mental health. He didn't seem to want to order the assessment but ordered it and made STBXH pay all costs associated with the assessment. It was after this that the medical records were ordered to go to ex's solicitor and therefore him. I felt they should only go to the expert but the other side were insistent. So it went in front of the judge and he said for everyone involved to see them. I feel violated. There is nothing wrong with me. There is nothing untoward. It is the injustice and unfairness, not to mention continued abuse and control albeit indirect.

OP posts:
Aridane · 22/09/2018 23:15

Will,ex DH actually see your records though or,just the professionals?

EndOfEternity · 22/09/2018 23:15

How long did the osychmetric testing last? Was it IQ/memory sort of questions or ‘personality’ type questions? There are a huge number of different psychometrics (some commonly used you can google) and fatigue should be taken into account when the assessment results are interpreted.
It’s quite common for doctoral students to do these tests but they will have to have supervision from an appropriately qualified professional for scoring and interpretation. This will be the instructed psychologist/psychiatrist and you should be able to look up their qualifications.

Flappypants · 22/09/2018 23:25

STBXH and his solicitor and barrister will all have access. Bastards.

The testing lasted about an hour after a long interview. I said several times that I was tired, and that I did not feel happy guessing. I was unimpressed by the tardiness of the expert and his unkempt appearance. Sorry if I am drip feeding. I'm going to have to wait and see what the report says I think. He seemed to believe me when I said I was in an abusive and controlling marriage although he kept reiterating that he was independent and that he was not treating me/that he could not say he believed one side more than/over the other. I suppose he had to.

Should I be challenging this or am I better off being tactical???

OP posts:
Maelstrop · 22/09/2018 23:29

Challenge all the way. How the fuck can full access to your medical records ever be given?! I’m appalled at that and a full psychometric assessment, wtaf? Your solicitor needs to step the fuck up and block results being sent to anyone. The DA issue surely throws up massive red flags to the court/others involved. This is disgusting.

BeUpStanding · 22/09/2018 23:41

This is outrageous! If you post on the Relationships board you'll hopefully got some solid practical advice, because that does not sound right at all.

Good luck Flowers

EndOfEternity · 22/09/2018 23:43

Any legally requested psychological assessment is designed to address specific questions posed by the instructing solicitor. The professional is there to explore the instructed issues and cannot pass opinion except to the court in their objective report. If they expressed a bias to any party they would be removed from the case.
You should have the professional’s name so you can look them, and their experience, to form an opinion on their value.

justilou1 · 23/09/2018 09:04

Yes you should challenge this

Flappypants · 23/09/2018 16:15

It's too late now because the records have gone to his solicitor.

We were given a lost of suggested expert witnesses and we "chose" the one we felt most appropriate based on their CV and compared with the others (they gave psychiatrists or psychologists and we chose psychologist). We all obviously had to agree it but the judge seemed in my favour and I think is covering his arse because it's clear he doesn't like STBXH and doesn't want to have to deal with appeals.

WTF do I do??.

OP posts:
Chapterandverse · 23/09/2018 16:23

This is absurd.

How can someone who abused you have access to your medical records?

What kind of questions were they asking you op?

shakeyourcaboose · 23/09/2018 16:30

Is this UK?

Iscreamforbenandjerrys · 23/09/2018 16:39

The Judge ordered my exh medical records to be released. I wasn't allowed to see them though, just my solicitor. She did give me the heads up that they revealed he was scarily obsessed with me but she wasn't meant to. The Judge ordered no contact with the children.

My medical records had to be released to the police for a historic child abuse case. The police go through them though and only release what is relevant.

I would speak to your mp.

Oysterbabe · 23/09/2018 16:45

I'm a lawyer and frequently receive medical records. I only ever release them to professionals, I'd never send them to my client.

FruitofAutumn · 23/09/2018 16:50

was he convicted of DA?

Aridane · 23/09/2018 19:32

What makes You think your hisband’s professional expert witness and solicitor will be disclosing your confidential medical records to,your husband?

Flappypants · 23/09/2018 20:06

Because I've been told so by my solicitor!! Apparently there is nothing i can do but I can't believe that could be true now that I have thought some more.

Interesting my MP gave a speech in parliament on domestic abuse in July...I think I might start getting on my soap box.

OP posts:
Flappypants · 23/09/2018 20:07

*Interestingly

OP posts:
maddening · 23/09/2018 20:12

Could your solicitor order the same of stbxh?et him evaluated as a manipulator, abuser and bully?