I really, really don't get it...
By TheRealDawn
@dawnald (85146)
Shingle Springs, California
May 5, 2011 12:23pm CST
Not long ago, the judge in my cousin's custody case released her counseling records to her ex. Yesterday, he released her medical records to him.
She has anorexia, and now, in addition to the counseling information, he has the records of every weigh in, etc.
What possible justification could there be for a judge to release that to him?
Something is seriously wrong here.
6 people like this
18 responses
@carmelanirel (20942)
• United States
5 May 11
That doesn't sound right..Like you said, sure the judge has the right, but not her ex.. That is scary, makes one wonder about the "privacy" act patients are suppose to receive...
1 person likes this
@carmelanirel (20942)
• United States
5 May 11
It is, I hope her lawyer makes a complaint about it...
1 person likes this
@sarahruthbeth22 (43143)
• United States
5 May 11
His side is trying every trick in the book. They are trying to say she has anorexia, she Can't be a fit mother. But all this harassment may just backfire. If All thr records prove that she is recovering, Is there Really a cure?, then his side won't hav an more ammo! Just try to be patient. I have a good feeling about this.
1 person likes this
@sarahruthbeth22 (43143)
• United States
5 May 11
Tell her to keep the Faith. The kids love her and if he pushes too much , they Will resent him for taking her away from them.
1 person likes this
@celticeagle (169853)
• Boise, Idaho
6 May 11
I would have your cousin ask his lawyer about this. Judges do alot of weird things. I do see thought that if a bit of evidence is presented BOTH sides have access to it by law. Depends on how it was presented and all that. Very complex stuff laws. I know you were concerned about this issue earlier.
@celticeagle (169853)
• Boise, Idaho
7 May 11
I can't think of the name but if you call the board of lawyers for her state and ask them they(my state does this anyway)have a list of probono lawyers that will answer questions. We also have lawyers in our yellow pages who will see you for a small fee and answer legal questions. I happened to see one of these once and because he had a feud going with the other lawyer he did the action I needed done for free! Amazing what you come across if you look and make afew calls.
@savypat (20216)
• United States
5 May 11
I can think of a couple or reasons, but since he's her ex it does seem strange. If there is some kind of agreement that he will be responsibile for her health care or if the judge feels that her life is in danger and instead of putting her in an instution the ex has agreed to oversee her care. The only other thing I can think of is if this information is being released to the court in some type case where she is demanding money from him and is using these health problems to prove that he has damaged her and caused her expense. That is the most likely reason that I can think of.
1 person likes this
@dawnald (85146)
• Shingle Springs, California
5 May 11
They have shared custody, and he is supposed to pay her child support. He has never paid her a dime, and he's taken her to court on frivolous motions so many times that she is in debt that she will probably never be able to repay. My take on it is that he has just decided that he is going to make her life as miserable as he can get away with. But I would suspect that the pretext he used to get her records has something to do with him trying to claim that she is an unfit mother.
@dawnald (85146)
• Shingle Springs, California
5 May 11
Herself and her sister - they are becoming legal experts....
@hardworkinggurl (37063)
• United States
5 May 11
Sadly this is happening to her. Seems like invasion of privacy and I am shocked to hear that the judge turned them over to him. Sadly in custody battles they will research up under the toe nails just to be nasty.
Poor little guy stuck in the middle of this mess. Assuming the judge wanted to make sure that no past issues she may have had would affect the child's future, but to turn the records over that one is odd. Has she spoken to her attorney to see if their is a violation/invasion of some sort?
1 person likes this
@dawnald (85146)
• Shingle Springs, California
5 May 11
She is so far in debt with this guys shenanigans that she can't afford an attorney. She is doing all this on her own.
@dawnald (85146)
• Shingle Springs, California
5 May 11
I'm too distant to help with the legal work, but I have helped out with money and moral support.
@hardworkinggurl (37063)
• United States
5 May 11
Wow that has to be really hard on her. Glad she has you to vent and or perhaps help with legal research.
1 person likes this
@scarlet_woman (23463)
• United States
10 May 11
sounds like someone's questioning mental health reasons regarding anorexia as disorder.i'm not entirely sure of the legality of that tho.sounds like an overstep on the judge's part.that sets up a bias.
1 person likes this
@dawnald (85146)
• Shingle Springs, California
10 May 11
I'm sure that's what it's about, but I agree that the judge overstepped.
@sid556 (30959)
• United States
6 May 11
I think your cousin has a really good case here and should stand up for herself on this. I understand the judge needing to know what is going on with her but unless she signed a release to the judge then all the clinic is allowed to release is a basic overall assessment and then only to judge. If she signed a release then they can be more detailed. Those records are confidential and I really don't think the judge was within his rights to pass them on to the ex. I know the laws vary depending on where you live but I think they are pretty strict on confidentiality everywhere. I really don't understand his point in doing this. It is a huge invasion of privacy.
@dawnald (85146)
• Shingle Springs, California
6 May 11
I agree with you. She ought to be able to file with some other court to have that judge removed and/or his decisions looked at...
@Hatley (163776)
• Garden Grove, California
6 May 11
hi dawn i read it as the judge being a good old boy aiding your cousin's'
ex instead of bein impartial as he is supposed to be. the ex is trying
'to make your cousin look bad in the judge's eyes.that judge should be
disbarred for what he is doing that is for sure
1 person likes this
@blue65packer (11826)
• United States
6 May 11
Not is nuts! Your cousin's ex sure wants custody of those kids! Yikes! I have never heard such crap! I have no idea why this is happening to your cousin!You'd think this stuff would not be allowed! Maybe the lawyer of the ex wanted all this to be public! This is not right!
1 person likes this
@dawnald (85146)
• Shingle Springs, California
6 May 11
That's the weird thing, he doesn't want custody. he wanted to pay her to terminate his parental rights, and he only went after her with all this nonsense when she wouldn't.
@vandana7 (100897)
• India
6 May 11
Dawny, I dont like injustice. I expect Americans to be better than us Indians. Sadly it is not true. I agree something is very wrong here. But there is no problem without solution. You've got brains, and so has Lamby. And many others. We can all pool it together and come out with a solution that would change the situation. Wish myLot would become that good...but truly, I think Lamby might be able to come up with something, you know. Did you ask him for help on this one?
1 person likes this
@dawnald (85146)
• Shingle Springs, California
6 May 11
No, and what can he, in Illinois, do against a judge in CA anyway?
@rrbterania (95)
• Philippines
6 May 11
Your cousin can sue him for invasion of privacy. Actually medical records are owned by the patient itself it can only be used to court if the patient permits the use of it but if not it is invasion of privacy. Find out where they got the records and ask how did they get those because if it came from the hospital the hospital can also be sued for releasing the records unless requested by the court itself.
1 person likes this
@dawnald (85146)
• Shingle Springs, California
6 May 11
The court did request the records, and the court released them to the ex. What now?
@GardenGerty (161546)
• United States
5 May 11
I do not get it either, and I do not blame you for being angry about it. We make such a big deal about privacy, this just is all backwards.
1 person likes this
@katsmeow1213 (28716)
• United States
5 May 11
Doesn't make sense to me either. I can't imagine how stressful this situation is to your cousin.
1 person likes this
@SpikeTheLobster (6403)
•
5 May 11
I'm guessing there's a legal battle over custody of children. In that case, the mental health of both parties would need to be assessed (if it's an issue) - that may have been the judge's reason.
Still a jerk, though. Surely if it were to be released, it should be edited first so that only the essentials are there - or even just an assessment by a health professional, not all the records? Sounds dodgy to me.
1 person likes this
@dawnald (85146)
• Shingle Springs, California
5 May 11
It's over a little boy. And sure, the judge has to assess the mental health of both parties, so he has a right to see those records. But I question him turning them over to her ex. It's a huge violation of her privacy.
@marapplestiffy (2182)
• Philippines
6 May 11
well, I'm not all that surprised since people in power can do almost anything to get what they want, that's so common here in my country...but I hope that that a$$hole won't get away with this harassment, if your cousin is already recovering then he can't use her health problems anymore...don't worry everything will work themselves out in the end...
@dawnald (85146)
• Shingle Springs, California
6 May 11
I hope that it will. Hopefully, the records will show that she is recovering so that he can't use them against her.