Tennessee Father Accused of Abuse Wins Privacy of Psychologist Records
Tennessee law case summary on custody law and rights to psychological records of a parent in Tennessee divorce and family law from the Tennessee Court of Appeals.
Hannah Ann Culbertson v Randall Eric Culbertson – Privacy Rights to Psychological Records in Tennessee Custody Cases
The appeals court reviewed the use of the Husband’s psychological records as evidence in the divorce case of Hannah Culbertson, Wife and Randall Culbertson, Husband. The Wife appealed for disclosure of these records. The two were married in May of 2004 and had two minor children. In November of 2010, the Wife filed a complaint for divorce, though the couple separated in July of 2010. The Wife alleged numerous instances of both emotional and physical abuse towards her and the children. The Husband denied these allegations and demanded legal proof of them.
The two attended mediation in November of 2010 and reached a temporary agreement. In December of 2010, the trial court entered a Consent Order for the parenting schedule and support (both temporary) in the case. It required the Husband to continue with counseling sessions for both parties and required both parents to have an evaluation.
In February of 2011, the Wife issued three subpoenas duces tecum to three of the Husband’s psychologists requesting all documentation pertaining to the sessions with the Husband including test results and initial therapy session data. The Husband filed a motion to quash arguing that such information was protected under psychologist-client privilege.
In March of 2011, a trial court held a hearing to determine if the motion to quash and a secondary filed Motion for Release of Psychological Records by the Wife were valid. The Husband said he did not waive the psychologist-client privilege and stated the Wife had other readily available information to support her arguments of abuse. The lower court ruled in favor of the Wife subject to a protective order. It also granted the motion to quash as it related to depositions of his psychologists subject to renewal by Wife.
The Husband refused to provide entry of the Qualified Consent Protective Order because he stated it gave experts hired by the party the ability to give advice or testimony in the action and access to any person who is noticed for deposition to testify in the matter. The matter came up again in trial court for a resolution. The Court required the Husband’s counsel to sign the order. In April of 2011, it granted the Wife’s Motion for Release of Psychological Records and in June of 2011, it granted the Husband’s application for extraordinary appeal under Rule 10.
The appeals court was asked to rule on whether the trial court erred in granting the Wife’s Motion for Release of Psychological Records. The Husband believed these records are protected from discovery by the psychologist-client privilege. Wife argues the trial court correctly ordered the disclosure because the Husband waived this right.
The Wife argued the Husband placed his mental health as an issue and therefore waived this privilege when he sought sole custody of the children. He also demanded she provide strict legal proof of his actions, which, she says, stem from his mental instability.
The appeals court ruled that seeking custody does not, automatically, provide this waiving of rights. It agreed that the Husband denied allegations of mental instability and abuse, demanding proof of it and that this does not grant a waiver of his rights.
Although the judge worried that this information was necessary for making a decision regarding the custody of the children, he noted there was nothing provided as proof that showed the Husband waived his right. Therefore, it vacated the decision of the trial court and remanded it for further proceedings.
No. W2011-00860-COA-R10-CV (Tenn. Ct. App. May 23, 2012).
See original opinion for exact language. Legal citations omitted.
Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, child custody, parental relocation, child support modification, alimony modification, and divorces including business valuation and forensic accounting issues. Miles is the author of The Tennessee Divorce Client’s Handbook: What Every Divorcing Spouse Needs to Know. A Memphis divorce attorney from the Miles Mason Family Law Group can help. Contact the Miles Mason Family Law Group, PLC at 901-683-1850.
