WA Can parties view ICL subpoenaed docs?

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Match

Well-Known Member
13 February 2019
23
2
124
ICL has issued subpoenas for medical, counselling records etc. There are orders that allow ICL, FC and SEW to view the subpoenaed material.

The is no specific order saying the parents do/don’t have permission to view.

I’d rather OP didn’t view, and have no interest in viewing myself. If OP makes a request to view the material, is that likely to be allowed? Is it allowed already by default (as there’s no order against it)? Will they be sent copies?
 

GlassHalfFull

Well-Known Member
28 August 2018
480
45
714
In my case, I know that my solicitor was allowed to view certain documents at the court and was allowed to make notes based on what they saw, but was not allowed to keep or photocopy the documents, and I was not permitted to see them directly. My understanding is that any document relied upon should generally be shared with all parties, but in the case of subpoenas, I believe there are additional steps. The person who applied for it has to submit a notice of request to view the material, and after that, other parties to the proceedings then view it... At least, this is how I understand that it works in other federal jurisdictions... it might be slightly different in WA with their own family court?
 

krylek

Well-Known Member
25 June 2015
15
1
74
Melbourne, Aus
In my case the father was able to see all the documents, including my daughter’s medical and psychology notes / reports. This horrified both myself and her care givers. I have never shared this with my daughter as she’d be devastated. This should be private information between her and her caregivers (especially psychologist). I found it very much a breech and complete disregard for patient confidentiality. Her psychologist felt if we knew it would undermine their professional relationship. My daughter would have been horrified to have her biological father reading her medical notes about her period problems. 😥 So in my case, everyone saw them. I chose not to read them, as her mum I was aware of everything in them but it’s also awful to think of the ICL, my lawyers etc reading her private medical information.
 

GlassHalfFull

Well-Known Member
28 August 2018
480
45
714
I guess whether it's ethically appropriate will depend on the age of the child, but legally I don't think you can easily prevent that sort of thing from being subpoenaed when it's regarding a family law issue. If at all, I assume it's going to be at the discretion of the judge, not the child...
 

Match

Well-Known Member
13 February 2019
23
2
124
In this case it’s the parent’s records, not the child’s, and the content isn’t relevant or even new - just personal. Thank you both for sharing your experiences.