NSW Family Law - Can Ex Subpoena My Medical Records?

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Kjl2001

Member
20 June 2018
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Can my ex subpoena my medical records from the last 10yrs if I'm only 21 in a family law matter?

Thanks
 

Lennon

Well-Known Member
11 September 2014
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It depends whether those records are relevant to any issue that arises in the proceedings. If they are relevant, they can be subpoenaed.
 

Kjl2001

Member
20 June 2018
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0
1
So if they're claiming mental health issues, they can get my records from when I was 12? Doesn't seem right to me. My parents don't even have access to those records.

So even if it isn't relevant to the care of our child? I don't think my mental health from when I was a young teenager is affecting how I care for our child now.
 

Lennon

Well-Known Member
11 September 2014
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I can’t answer that because I don’t know how or why they say it is relevant.
 

Rod

Lawyer
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27 May 2014
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BTW, you can object to the court if the subpoena is issued. Has one been issued, and if so, when?
 

Nonfiction

Well-Known Member
17 May 2018
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Victoria
If your ex is self-represented he will need to seek permission (‘leave’) to subpoena. This is to ensure that the reason for the subpoena is relevant to the issues in dispute, rather than it being simply a “fishing” expedition. As Rod said, you are able to object to a subpoena...I’m not sure whether you are in the Family Court or Federal Circuit Court (or even if your matter is in court) so here’s the rules for both...

Family Law Rules 2004 r 15.31
Federal Circuit Court Rules 2001 r 15A.14

Can my ex subpoena my medical records from the last 10yrs if I'm only 21 in a family law matter? Thanks

With privileged/confidential materials, such as medical records, often there can be a date specifying how far the documents subpoenaed should go back. 10 years may seem like a long time to you, at 21 years, but as Lennon has mentioned it will all depend on the relevance to the issues in dispute.