The recent case of M.M. v. L.M., 2012 Pa. Super. 195 (September 12, 2012), held that in a custody matter, the father’s mental health records were not discoverable. The confidentiality of communications between a patient and the treating psychiatrist or psychologist, as well as the documents covered by the Mental Health Procedures Act, were paramount and the court must use the least intrusive alternative to determine the effect of a party’s mental health upon the child’s best interest.
The Superior Court held that the best way to determine whether a party’s mental health affects the best interest of the child is to engage in a court-ordered psychological evaluation pursuant to Pennsylvania Rule of Civil Procedure 1915.8.
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