Cooper & Cooper 2012. FMCAfam 789
A separating couple agreed to refer their child to a child and family psychologist for 10…
A couple attended a joint family counselling session where the wife made admissions. The husband subsequently applied for custody of their children and subpoenaed the counsellor’s file in support of his case. The trial judge noted that the best interests of the child was paramount and ruled that the agency comply with the subpoena to provide documents and that the counsellor provide evidence in court. The agency and counsellor appealed arguing that information obtained during a family counselling session was inadmissible evidence.
The appeal court acknowledged that evidence that would assist a court to determine what is in the best interests of a child should be admitted. In this case the appeal court allowed the appeal and set aside the subpoenas requiring the production of documents and the requirement for the counsellor to give evidence.
A separating couple agreed to refer their child to a child and family psychologist for 10…
Two parents attended a family counselling session at an agency and later consented to documents about…
A trial judge ruled that while documents produced by a subpoena were inadmissible evidence they could be…
A couple had been in dispute about a property matter and the wife's firm of lawyers issued…
The judge accepted an application for a subpoena sought by the father to inspect medical and…
Parents of a child aged 12 years referred the child to an assessing psychologist following their separation…