Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Is a party required to provide his or her mental health records to the opposing party in a Florida divorce? This issue arose in the case Laforest v. Laforest, 4D19-2189 (Fla. 4th DCA December 11, 2019) in which the husband appealed an order requiring him to produce his mental health records.

When a party seeks discovery about the other party’s mental health records, the party requesting the information must show it is relevant to the proceedings. Mental health records may be relevant in proceedings in which there are child custody issues. As one can imagine, such records are private and contain information which is protected by the physician-patient privilege.

In the Laforest case, the appellate court sided with the husband and ruled “The trial court departed from the essential requirements of law in failing to provide for the mandatory in camera inspection to ensure that only relevant documents and information are disclosed.” Because mental health and other medical records are so private and contain sensitive information, a court is required to review the records to ensure that only relevant records are being produced to the opposing party.

If mental health is an issue in your Florida family law case, you should know what information can and cannot be sought in discovery. Schedule a consultation with a Miami family law attorney to understand the next best steps in your case.