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Can I obtain records from my children's therapist?

Ormond Beach, FL |

I hired a therapist 2009 for my children ownly. Alot of strange things went on that was inappropriate. Each time the father brought our children to see therapist, he would go in first and take up most of their time. Then my children were forced to go in with the father present. I was never allowed to sit in their sessions each time I brought my children there. Eventually I fired the therapist because it was not working cuz father kept punishing my children after sessions, con't choking my son, con't with other wierd behaviors when alone with them. The therapist was not honest with me either. Yesterday in court, ex's attorney told the courts that the 2009 therapist found I alienated our children from the father. They showed no records and the father never went to court to get her back 2009

Attorney Answers 1

  1. Generally it depends upon the ages of the children whether the therapist's records are privileged or not. It may also depend on whether the children had individual vs. joint sessions with their father. Apparently, you had an attorney for the hearing so that attorney would be able to inform you how your specific facts may impact the therapist-client priviledge.

    I can't see how your ex would tell the judge anything that the therapist said since that would be inadmissable testimony under the hearsay rule of evidence. Out of court statements made by third parties are not admissable evidence unless they fall under an exception to the hearsay rule.

    The suggestions made are intended to inform and not advise and are based upon general statements of FL laws and specific events or facts may alter the law. You should contact an experienced FL family law attorney for specific legal advice regarding your issue.