Confidentiality In Family Court

The article, Don’t Gamble With Love, Or Confidential Information written by Jennifer Weisberg Millner and posted by The National Law Review examines the concept of confidentiality as it relates to divorce. Particularly, confidentiality in regard to child custody. It is common in divorce proceedings for the judge to request that an expert complete a best interest evaluation. This evaluation is usually conducted by a mental health professional who observes how the child interacts with both parties and makes recommendations to the judge as to what custody situation they feel would be most beneficial to the child. The results of the evaluation are strictly confidential.

Millner’s article describes a real life situation wherein a party involved broke that confidentiality and had severe consequences as a result. This could happen to anyone going through a custody dispute. It is important to remember that if the court advises a matter is confidential, you must respect that. Family court can be stressful for all parties involved, and the urge to discuss these matters with friends and family will be hard to suppress. The best solution is to confide in your attorney, as they are bound by Attorney / Client Confidentiality, and cannot disclose the conversation to anyone.