Dp's ex discussing personal information disclosed in section 7 report

[wayovermyhead]

My partner has been going through the courts in order to have proper contact with his children after his ex stopped all contact. She was fighting hard for this not to happen and a section 7 was ordered. Part of this was a report on me as we are living together and I signed to accept this as I know it was necessary for the case to proceed and I thought it was totally confidential.

I had in the past suffered with pn depression, and my vindictive ex had also made a complaint against me to ss as a parting shot when he left however i was never investigated by ss only a brief call as they could see from what he said it was in retaliation for me asking him to leave. They said they had no concerns did not need to visit and closed the allegation.

The problem is this is extremely personal information which I would not necessarily have told anyone and I have found out that dp's ex has been discussing this with other people including my dp's mother and other members of his family. This has caused me great distress as his mother is now having concerns about me.

I know the section 7 is confidential and even I havent seen it.

Is there anything I can do as i feel this is so wrong

Surely the biggest issue here is that she's such a relationship with the inlaws to be able to plant these seeds?

What does your oh say?

Technically, she shouldnt be disclosing. Though no doubt she's presenting this as justification of your being unfit to be around the children....

The report should include a confidentiality statement saying that its contents must not be revealed to anyone other than the parties to the proceedings (your partner and his ex) and their legal advisers. By breaching this your partner's ex is in contempt of court. Your partner should make his solicitor aware of his ex's actions.

@prh47bridge

The report should include a confidentiality statement saying that its contents must not be revealed to anyone other than the parties to the proceedings (your partner and his ex) and their legal advisers. By breaching this your partner's ex is in contempt of court. Your partner should make his solicitor aware of his ex's actions.

The difficulty is proving this.

And tbh, I don't imagine that the court will really be "that bothered". It's more of an issue for the op, which I understand. However, equally, I also get that for the MIL there will be a question mark hanging over why the op wasn't just honest a out it all with them to start with as now it's looking like a dirty secret and that she has something to hide with the ex sharing this information.

I presume the partner won't be wishing to alienate and draw his mother into the whole proceedings, so really, there's nowhere to go in pursuing this.

Honestly going after her legally is just going to escalate the tensions and make it worse, and she’s likely to get no more than a slap or the wrists.

Personally I think you need to own it op and have an open discussion with his mother. It’s out there now, she can’t Unknow. So if she has concerns then talk to her about them, put the record straight.

And tbh, I don't imagine that the court will really be "that bothered"

she’s likely to get no more than a slap or the wrists

What makes you think that? The confidentiality of family proceedings has been breached.

In a recent case, a paralegal who accidentally breached confidentiality by including papers from a family court case with papers for another case was sentenced to 6 months imprisonment. That was overturned on appeal but only because of procedural errors, not because the sentence was unduly harsh.

The courts take the privacy of those involved in cases regarding children very seriously. Anyone breaching that privacy can expect serious consequences.

Of course, it may be that the OP cannot prove that her partner's ex has shared the information in the report. And there may be good reasons not to take action, although tensions are obviously already very high if the mother is refusing to allow any contact. But, if this is pursued, the mother could face far more than a slap on the wrist.

Thank you everyone for taking the time to reply. There was a confidentiality clause which my partner took very seriously and that is why I havent seen the report.

I do have proof on the text messages from my partners mother that she got this information from his ex. I feel I put my trust in the court system to keep my very personal information confidential and so I think I will pursue this as I know she hasnt stopped at just my dp's mother. I feel it should have been my choice whether to tell people about this rather than having to explain and justify myself to people who now feel there is no smoke without fire.

I feel the right thing will be to inform my partners solicitor

@prh47bridge

And tbh, I don't imagine that the court will really be "that bothered"

she’s likely to get no more than a slap or the wrists

What makes you think that? The confidentiality of family proceedings has been breached.

In a recent case, a paralegal who accidentally breached confidentiality by including papers from a family court case with papers for another case was sentenced to 6 months imprisonment. That was overturned on appeal but only because of procedural errors, not because the sentence was unduly harsh.

The courts take the privacy of those involved in cases regarding children very seriously. Anyone breaching that privacy can expect serious consequences.

Of course, it may be that the OP cannot prove that her partner's ex has shared the information in the report. And there may be good reasons not to take action, although tensions are obviously already very high if the mother is refusing to allow any contact. But, if this is pursued, the mother could face far more than a slap on the wrist.

That was a paralegal cockup.

Not a "concerned" parent. Very different.

Courts rarely even bother chasing up parents who repeatedly break the cao's, let alone those whose history has been shared.

@wayovermyhead

Thank you everyone for taking the time to reply. There was a confidentiality clause which my partner took very seriously and that is why I havent seen the report.

I do have proof on the text messages from my partners mother that she got this information from his ex. I feel I put my trust in the court system to keep my very personal information confidential and so I think I will pursue this as I know she hasnt stopped at just my dp's mother. I feel it should have been my choice whether to tell people about this rather than having to explain and justify myself to people who now feel there is no smoke without fire.

I feel the right thing will be to inform my partners solicitor

So as a consequence, the mil will be embroiled in this too as will your oh. There could be colossal fallout and the collateral damage will be the children whose relationship with their father may become even more fractured.

This sounds more like your pride etc that's taking the focus here. I totally get why you're pissed off. But think that this is far bigger than you and your wounded pride. Think about oh and his children.

I am really surprised that your personal, very private health information has been shared with your DP's ex and wasn't visible only to the solicitors/court officials.

Was she meant to have access to this info about you?

That was a paralegal cockup. Not a "concerned" parent. Very different.

It was a paralegal accidentally sharing confidential information. In this case we have a parent deliberately sharing confidential information. Yes, it is different, but the message is the same. The courts regard breaches of confidentiality in the family court as serious. You are right that parents often find it difficult to get a CAO enforced, although the situation is improving. But contempt is another matter and judges are increasingly taking a tough approach with any party who is in contempt.

Was she meant to have access to this info about you?

She was entitled to see the CAFCASS report so yes, she was meant to have access to this information. However, she should not have shared it.

She was entitled to see the CAFCASS report so yes, she was meant to have access to this information. However, she should not have shared it.

Wow, I am so surprised at this given that OP is not the parent of the child in question. I would not be happy with my info being shared with my partner's ex at all.

Maybe she thought that her ex's mum would already know OP's history? Although I am hugely surprised that a mother would have that kind of close, chatty relationship with someone who is trying to bar her son from seeing his child!

If you can afford it , get a solicitor to write her a cease and desist letter reminding her that the information is confidential.

You could write the letter and advise her you will seek legal advice if she continues.