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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101370
Experience:  Lawyer
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During a custody/divorce process, I was ordered to to release

Customer Question

During a custody/divorce process, I was ordered to to release medical and counselling records. I have learned that the information contained in the records has not been kept confidential and I am wondering if there is anything I can do? I wish to keep my personal info private and feel this could affect all aspects of my life from personal to professional. I let a lot of things go when it comes to my ex, but I feel like I need to stop this...
....some of the info contained is personally very damaging
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you saying your ex let others know what was in the records?Were these records part of the court file?Was there a trial where the records were put in as evidence?
Customer: replied 2 years ago.
Yes, he did let others know.
Don't know if they were part of the court file??
No trial.
Prior to their release, my lawyer sent a letter basically reminding my ex that the info contained in my medical records was to be used for the purpose of custody issues only
Expert:  Debra replied 2 years ago.
It is quite likely that you consider your ex-spouse can be sued successfully for damages arising out of of the release of this confidential information.That information was not to be shared publicly but must be kept confidential. Had there been an open trial process the story would be different. There is nothing public about this information and your ex asked was obligated to pay keep it confidential.It may be that your best next step would be to have your family lawyer send you ex ask a letter demanding that he/she cease and desist from releasing any further information and provide you with a set amount that you demand by way of damages.Is not likely that he/she will agree to pay of course but he/she may agree not to release any further information. You could sue him/her for damages but that will take a long time and will be very expensive unfortunately. If you are still involved in the court process then this can be raised in court and used against him/her.