Could it be true than an ex p could access medical records?

[somewhatavoidant]

A friend involved in a break up has been told by her family law solicitor not to approach her GP for help with her depression in case her ex uses that information against her in a bid to gain custody. Surely her medical records would be private?

Not in a court case. I'm not 100% sure but think records can be requested to be looked at.

I believe her ex would need a subpoena from the court, though I'm not in UK so might differ therr. There is doctor patient confidentiality, but the court can over rule this if the judge feels that the medical records would substantially alter the case. However you need a reason to apply for a subpoena. I'd hope the X would need to show that there were existing safeguarding concerns before he'd be granted one and normally the 'defence' for depression/anxiety being a concern is that it is stable and being treated. Untreated major depressive disorder would probably be a red flag. The solicitors reasoning here worries me.

How would her ex know she has spoken to her GP?
Plus, seeking treatment is the responsible thing to do.

I think your friend should ask her doctor on what grounds they would release private medical information and take medical advice as necessary. I think they could only release medical records on a court order, and even then there would need to be reasonable grounds. One in four people suffer anxiety or depression.

It is possible to request them if there's a basis for the court to see them, my first thought though was whether your ex had access at work to medical records which may or may not be something he would attempt to access.

There's two ways to approach it. See a private consultant so it doesn't go on your NHS record, or get your GP on side to prove that whatever the problem was it isn't having a negative effect on your children.

Yes it is true - wise advice but god knows how your friend can get help - private route?

This happens frequently in family court and is disgraceful. I would suggest your friend goes to a private GP.

It does happen in family court. Often the GP will write a supporting letter saying they have no reason to believe the patient isn't capable of parenting effectively.

I suspect it’s possible and for good reason in many cases but the courts are supposed to be fair and recognise spurious and nefarious reasons. Not many people would be against for instance a parent bringing up someone’s drug abuse or addiction as being a consideration in relation to the amount of contact a parent should have with their child

I went to my gp when going through child custody court and was given anti depressants.

My ex proceeded to say I was unfit because I had mental health issues; the judge asked if I would release my medical records - for CAFCASS to see ( and the judge ) but not my ex to see - I agree and my doctor also wrote a supporting letter that I had seemed help and I was doing well, and not a danger to my child.

It didn't go against me at all; the judge was actually horrified that ex had even tried to use my mental health against me

She should go to the gp, actively seeking and engaging with treatment is viewed ok and if in court gp can write letter to support

Well if the way her ex treated her during the relationship and since has led to her depression, I'd think disclosing that to her GP could only help her case if the records were requested by the court....

As others have said, courts do not look kindly on people using mental health issues against ex-partners, where the person is seeking help and is no threat to themselves or their children.

My GP wrote on my referral notes that I was being referred for counselling due to the destructive nature of my exes behaviour (which is true) in case it was used in court against me