Court orders wife to disclose medical information for pending divorce trial

Before divorce proceedings can start, a husband has successfully obtained access to the confidential medical records of his wife after she was admitted to a specialist clinic for bipolar disorder.

On Monday, Durban high court judge Jacqueline Henriques acknowledged this was “an invasion of [the wife’s] privacy rights” but said this was necessary for a later divorce court in “assessing [the wife’s] suitability as a parent” to small children.

The couple had been in a relationship for 19 years, which the judge described as “tumultuous, to say the least”. They have two children. Both husband and wife want to be the primary parent to the children.

To boost his claim when the divorce trial starts next year, the husband asked Henriques to order his wife’s medical records be handed over. He wants to argue that his wife has “anger issues” and wants to use information from her recent admission to a psychiatric facility.

His lawyer told Henriques that people “give up” their rights when they become parents.

Henriques explained that medical information is by default confidential and private. However, there are times when it can or must be disclosed: either when the person consents or by court order.

She listed various court judgments which “invaded” patients’ privacy rights. For example, a criminal accused can have their medical information revealed if their condition will affect the court’s findings on guilt or during sentencing.

Henriques said disclosure of medical information in primary parent disputes had been decided before in courts. She noted that courts would prioritise protecting children over a parent's right to privacy. As a result, medical information can be disclosed by a court when it will affect a decision as to who should be the primary caregiver.

The woman's lawyer said Henriques should strike a balance between children’s rights to a safe home and the parent's privacy. She therefore offered to disclose her medical information, but only if it would go to an independent psychologist.

Henriques agreed. She ordered the parties to pay their own legal costs.

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