Massaro v. Massaro, 2006 WL 350065 (N.J.Super.A.D.) (February 17, 2006)(unpublished).
The New Jersey Appellate court affirmed a lower court ruling refusing to order a non-custodial father with a psychiatric disability to turn over his medical records. The mother argued:
The best interests of the child require that a divorced spouse (with admitted serious medical/psychiatric disorders) execute medical authorizations for the production of relevant medical records for use by his children’s medical professionals in the event that such records become necessary to the future diagnosis and/or treatment of the children’s medical problems.
The court rejected this argument and said a disabled non-custodial parent does not have to turn over records when the non-custodial parent had been ordered to produce such records when medical providers requested them. The Appellate Court also affirmed the lower court’s order that any medical providers who rececieved the father’s records could not redisclose those records to the mother without the father’s expressed consent.
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