WA Mother Withholding Medical Records Despite Court Orders?

Discussion in 'Family Law Forum' started by GANDN2019, 15 July 2019.

  1. GANDN2019

    GANDN2019 Active Member

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    Please help. The respondent has been ordered to authorise medical information and medical records of the children by the court order issued in May.

    She refuses to communicate medical issues but states they have special needs and brain issues and need surgery for other problems (which I don't believe they do).

    She happens to work at the medical centre that are withholding the medical records. They state that without authorisation from the mother, the father cannot have access, but I'm guessing she can without his authorisation?

    The father cannot call her to ask her to authorise, nor can he send her the medical forms to sign, as she has a restraining order, which he is bound to.

    Is it illegal to use her employee status to withhold documents, which would normally be shared to parents, especially with a family court order in place?

    Thanks
     
  2. sammy01

    sammy01 Well-Known Member

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    OK, boil the kettle - make a nice cuppa. You're not gonna like what I have to say. But listen up anyways. Better make it a herbal tea.

    She is a twit. If he contacts the employer he risks a breach of avo and jail time. Just don't go there.

    Pick your battles. This isn't one worth having... BTW the doctor's are not gonna write on a piece of paper that little Timmy has a brain tumour as a favour to their favourite admin lady... So let her think that because she parks her car beside a doctor in the morning when she goes to work that somehow the courts will give stuff. They won't.

    I'm guessing dad is in court fighting to see the kids? Make that priority, forget everything else. Just focus on getting lots of time with the kids and let every other piece of nonsense go. That way you will be more successful in getting more time with the kids.
     
  3. GANDN2019

    GANDN2019 Active Member

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    Thank you... The only issue is, the father has concerns over the children's medical issues. She feeds them antibiotics (ages 2 & 6). They have had an estimated combined prescription of around 20 lots! Family has concerns she has mental health issues regarding the need for the children to be ill.

    This is why the medical records need to be accessed and looked to see how many times they are taking medication and being subjected to surgery, tests, MRI's (for no reason whatsoever)!
     
  4. Step2Three

    Step2Three Active Member

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    Do the parents share parental responsibility? What is the wording of the order about the records? If the intention is for the father to access medical records that are already being withheld it would seem counter-productive for the court to make an order that they can only be released with the mother's authorization. Does it explicitly state her authorisation is needed?
     
  5. GANDN2019

    GANDN2019 Active Member

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    Here is the wording:

    Each party shall provide the other party with notice of any significant medical issues concerning the said children including details of any treating practitioner and if requested to do so by the other party, shall authorise any treating practitioner to discuss the children’s medical issues with that party.

    And when the practitioner was contacted and the medical records requested, they said they couldn't release them without the mother's authorisation - which we can't directly ask her for because there is a VRO in place.
     
  6. Jake Matherson

    Jake Matherson Well-Known Member

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    The order says
    The practitioner was contacted by you? Or the Ex?

    If you, the practitioner doesn't have to do anything. You don't have an order that says they have to.

    If the ex contacted the practitioner on your request to the ex and authorised your permission to discuss the child's medical issues and the practitioner refused, well then they aren't being nice and you should find another doctor.

    All signs are pointing to the ex is being a twit and your beef is with them and not the doctor.

    If your orders looked like mine, I would suggest you're able to walk in there and request whatever information you like and they would be obligated to give it to you. I think the wording of your Orders could have been better.

    "That each parent will keep the other advised of the names and addresses of any treating medical or other health practitioners who may treat the child and this order shall be sufficient authority for the practitioner to provide the parents with information that they are lawfully able to provide about the child at the cost of the parent requesting such information."
     
  7. Step2Three

    Step2Three Active Member

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    This part is ambiguous, it can be read either that:
    a) the mother must request the medical centre to release medical info OR
    b) if the fathers makes a request, the mother shall authorize it.

    Unfortunately, the way it is written there is no clear directive for the Medical Centre to act without the other parties 'authorisation', even if under one interpretation she is compelled to authorise such a request.

    If you have proceedings in court it would be worthwhile seeking a change to this to make it more explicit- Jake has an example in the post above, another example from my experience-"the parties authorise any medical institution that the child(ren) attend to release any relevant information to the parties, and the parties authorise any medical institution that the children attend to communicate with those parties".
     
  8. GANDN2019

    GANDN2019 Active Member

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    Thank you. There is another court hearing next week so I hope to bring this up then, and perhaps the court can request she signs this there and then... or they overwrite the current order and state that the medical centre needs to release without her authorisation/subpoena the documents?

    Even just the refusal to sign them makes me feel like I need them more. Seems strange that they would be withheld. This has also noticed as strange by the case assessor and also the fact she has refused face to face and via text since Feb this year.

    But thank you all for your help. I'm hoping this all comes out in the wash next week.
     
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