Parent May Be Denied Access to Child's Mental Health Records During Divorce and Custody Proceedings

In re Berg, 886 A.2d 980 (N.H. 2005)

Children may be receiving mental health services while their parents are in the process of becoming divorced.  During a custody dispute, a parent may seek to gain access to a child's mental health records in an effort to establish through the discussions between the child and the child's therapist that the other parent has engaged in inappropriate conduct. Although parents generally have a right to access the mental health records of their children, the New Hampshire Supreme Court ruled that this right is significantly limited when asserted in connection with divorce proceedings and custody disputes...

Found in DMHL Volume 25 Issue 2