Simek v. Superior Court

Opinion

GRODIN, J.—

The issue we confront is whether a parent who has been awarded physical custody of minor children in a marital dissolution proceeding may compel disclosure of records otherwise protected by the statutory psychotherapist-patient privilege (Evid. Code, § 1014) and by the physician-patient privilege (Evid. Code, § 994) in order to demonstrate that her former spouse suffers from emotional instability of such a nature that he should not be allowed visitation rights. In the circumstances of this case our answer is negative, for the reasons which follow.

Background of the Case.…