My X filed for full custody of our child though I have been the primary custodial parent and has now filed for temporary orders which would pull him from his home several states away. I have several psychological assessments that were done over the years that indicate emotional and psychological disorders that the move would trigger could easily trigger these disorders to resurface, and I'm wondering if I can attach them as exhibits with my affidavit and motion for the same along with my opposal to his motion. I am unsure because they are basically medical records and don't know if this would legally infringe on our child's rights to privacy.
Your child's "right to privacy" are less of a concern now than the Court's bases for granting temporary custody. If the psychological reports are reasonably current, they are relevant and generally admissible. Privacy can be protected by submitting the records under seal, a procedure not really user friendly for a pro se litigant. The Court Assistance Office might be able to help.
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This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Children normally do not have any right to privacy as against their parents. Also, court records in family law matters are normally sealed from public view. In a recent case I attached a sex abuse interview with a child who was not even involved in our litigation (a common victim) and nobody batted an eye.
Consult with local counsel.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
As a parent you can reveal a minor's protected health information. Additionally, family case documents are sealed. It is pretty unlikely that a judge is going to make a change like that on a temporary basis without an evidentiary hearing anyway but of course you should provide what you believe to be the most important info to the judge. One difficulty is that temp orders are governed by IRFLP 504, and you are limited to 25 pages in your response. Some judges stick to this more than others. You may need to just use the conclusions pages rather than the full evals but offer to provide the full docs if requested by the court or opposing party. Best of luck!
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