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Clare
Clare, Solicitor
Category: Law
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Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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DOES THE FAMILY COURT HAVE THE RIGHT TO MY MEDICAL NOTES BY

Resolved Question:

DOES THE FAMILY COURT HAVE THE RIGHT TO MY MEDICAL NOTES BY A LEGAL ORDER? can I stop them from accessing my medical notes.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Hello,

Thank you for your search. I know it is a hard part of the law to know clearly.

Please continue your search for however long it takes as I want to do everything possible from having my medical notes Accessed by non medical experts.

I have a rare hardly understood embarrassing illness that the family court Judge says is important to understand (even though the best experts in the country ie Bath mineral Hospital, University of London Hospital don't understand) . He believes they will tell him if I can care for my child even though I care for him with my partner who is my carer full time and also my son's father. I am never left alone with my son by my own choice as symptoms of my illness can come on within 2-3 hours and land me in hospital even though I haven't been in hospital for near a year. I have only spent one year mostly in hospital within 10 years of illness and only 5years not working. Except 2013 that I spent a lot of time in hospital I haven't been in hospital for a stay for the other 9 years of illness. My illness has no cure are is entirely physical. The family court are fully aware with information from social services that I haven't been in hospital for many months and have never cared for my son alone. My partner and I are fully supported from my mother that has our son every weekend which he very much enjoys and has done since he was born, being nearly 5 now (in aug) and time when I was in hospital for 2013 to early 2014.

We are a close knit family with my mother living less than 4miles away and is available to help at anytime day or night. My partner and I have been together 8 years and have been close friends for another 6years on top. My medical history is useless to the family court to show my ability to care as my illness changes yearly completely with no two years the same and my symptoms change daily.

My illnesses are Painful Bladder syndrome with sensitivity to pain and Neuropathic pain and Fibromyalgia and M.E. with the Painful Bladder syndrome and Neuropathic Pain being the permanent illnesses that I suffer the most with the other two being largely controlled by pacing and ignoring pain as the Neuropathic pain is more painful but I am on a Fentanyl pain patch (which is a pure version of morphine so it has no side effects like morphine) and one tramdol dose only at night with Buscopan -the IBS shop floor medication , pregablin -a bladder medication that is extremely common for bladder problems of all kinds and oxybution another common bladder medication, one of the above have any side effects that would stop you from effectively looking after a child alone never-mind in joint supported care. The medications the court is aware of, just as a bio on each of my illnesses.

I hold a full driving license, am able to walk and lift and have no specialized equipment except catheters

The Judge said as I describe myself as a disabled parent that the phase shows I am not able to look after a child so he needs my medical notes to see my maximum level of care I am able to offer, even though if my partner was a single parent as a healthy male supported by a grand-parent the level of care of my son being medically possible by a parent wouldn't be in question, but to add me as my son's mother and a partner to his father suddenly it only matters what I can do. On top of this he says he needs my notes to see if my Bladder and pain illnesses are responsible for giving my son suspected Autism, even though it is known I wasn't on any medication while I was pregnant .

Not only is this deeply hurtful as there is no proven cause for Autism but the case brought by social services is meant to be about probability of abuse against my son i the future as there hasn't been any abuse and so my disability is ow the whole case with increasing pressure on my partner to offer himself as a single carer to my son to save him from adoption, meaning not only will I lose my home, but my son and family life and if he was granted single care of our son then I'll only be granted contact twice a year with my son and most likely by letter, leaving it likely as my partner in essence will be a single father with me not being allowed to stop in the street if I see them, my relationship with my partner would most likely be ended by the court. My son has begged to go home and say he's scared in care. I hope the added information will help your search to my question. If you need to ask anymore questions, please do as it's important I get the right answer. I can only see it as discrimination.

Please help.

Thank you Nicola



Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Has the court made such an order please?
Customer: replied 2 years ago.

Yes the family court judge has made the order. I believe the Judge is being discriminative against me being a disabled mother. I believe as I am asking for joint custody with my partner how much time I spend sick isn't relevant.



Expert:  Ash replied 2 years ago.
What is the issue the Court has to decide? Custody? Is the other side raising your fitness, ie medical as a result?
Expert:  Clare replied 2 years ago.
HiI am sorry but the fact is that court can indeed Order the release of your Medical Records and you cannot prevent then from being produced within the Care proceedingsI am sorry - but hopefully your notes will do more good than harm given the issues that have been raisedClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33948
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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