You can lodge an objection to the subpoena and in it you will state what you are objecting to and why.
Thank you Samantha. I am simply objecting to the other party seeing my medical history, none of which I might add has any relation to the children. No mental health issues, drugs, abuse etc - its more personal health issues and I feel there is no relevance of them to the case, nor do I have any desire to look into the other party general health. IS there a way to word it to explain this better to the judge?
the problem you may have with the objection is your health issues may affect your ability to care for the children, therefore, the court may find it relevant for the other party to vew
thank you Blessing - however there is nothing there that affects my ability to care for the children - without going into detail there is a years worth of medical 'stuff' in relation to a private problem internally. Has not affected my ability to look after the children for past 6 years and I see no reason why it would now.
You can and should before they are produced file an objection to the other party inspecting the file. State all your reason including that it has not and will not affect your ability to care for the children.
These are some of the things the court may be concerned about, is the condition likely to escalate or worsen? if it does how is it managed? It will be up to the court to determine if the restriction is put on or not.
These are some of the things the court may be concerned about, is the condition likely to escalate or worsen? if it does how is it managed? It will be up to the court to determine if the restriction is put on or not.
and I would have no reason to think it would need any treatment.I thought that the records had been subpoened? That was part of your post that I was replying to? If they haven't been subpoened then I would just not sign permission for the ICL to access them. Or if you are happy for the ICL to access them but not the other party, then I would make sure that your written permission states that only the ICL is permitted to see them.
If there is a subpoena and you have received it, then it will have a section called Notice of Objection for you to fill in. It gets filed at the Court Registry.
The following is also on the general subpoena form.
"Objection by person to inspection of medical records
14. If the documents to be produced under this subpoena include a person’s medical records, that
person may, before the date stated for production, notify the Registrar in writing that he or she
wants to inspect the records for the purpose of determining whether to object to the inspection or
copying of the document by any other party.
15. If such notice is given:
(a) that person may inspect the medical records and may, within 7 days after the date stated in
the subpoena for production, object to inspection or copying of a document described in this
subpoena by completing filing and serving the attached Notice of Objection – Subpoena, and
(b) unless otherwise ordered, no other person may inspect the medical records until the later of
7 days after the date stated in the subpoena for production or the hearing and determination
of the objection."
If there is a subpoena and you have received it, then it will have a section called Notice of Objection for you to fill in. It gets filed at the Court Registry.
The following is also on the general subpoena form.
"Objection by person to inspection of medical records
14. If the documents to be produced under this subpoena include a person’s medical records, that
person may, before the date stated for production, notify the Registrar in writing that he or she
wants to inspect the records for the purpose of determining whether to object to the inspection or
copying of the document by any other party.
15. If such notice is given:
(a) that person may inspect the medical records and may, within 7 days after the date stated in
the subpoena for production, object to inspection or copying of a document described in this
subpoena by completing filing and serving the attached Notice of Objection – Subpoena, and
(b) unless otherwise ordered, no other person may inspect the medical records until the later of
7 days after the date stated in the subpoena for production or the hearing and determination
of the objection."