Mother Spends Thousands to Block Abusive Ex-Husband from Accessing Son's Medical Records

A mother in Suffolk, England, has been compelled to spend at least £18,000 on legal fees in an effort to prevent her violent ex-husband from accessing their son's medical records. The father was previously jailed for grievous bodily harm after shaking the infant child, resulting in severe and complex health conditions that have left the now eight-year-old boy with the mental capacity of a newborn.

The child experiences daily seizures and suffers from respiratory problems. The mother learned of the father's request for medical information when hospital staff informed her. This prompted her to seek legal action to prevent him from obtaining records detailing the injuries he caused.

Current law allows individuals with parental responsibility to request access to their children's medical records, regardless of their involvement in the child's upbringing or their relationship with the other parent. This is the case even though the father has had no contact with the child since the assault and is currently subject to a ban from contacting his former family as part of his license conditions.

"My job is to protect my children and particularly my son," the mother stated. "I feel it's an injustice that he's [the father] able to access medical records relating to injuries that he caused. He can find out where he [the child] attends hospital and what appointments he's had."

She explained that to prevent this access, she must pursue the removal of his parental responsibility, a process that incurs substantial legal costs. "The minimum quote I've had is £18,000 and that's if everything goes smoothly," she said. "If he contests it, it could be a lot more. There is a price for a child’s safety."

The father received a three-year prison sentence for the assault. The boy's recent hospital stay lasted two weeks, and medical professionals are evaluating whether he will require overnight oxygen support. His mother noted that this information would also be contained within his medical records.

While hospital staff informed the mother about the father's request, they could not confirm if it had been granted or the reasons behind it. She expressed concern about the situation escalating when the father's license period ends early next year. "He has no contact with us now but he's found a loophole," she said. "What's going to happen come February? That's what worries me."

One option considered by the mother was obtaining a non-molestation order, but she was advised that its success was unlikely due to the lack of recent incidents. Advice from HM Courts and Tribunals Service indicates that such orders are more likely to be granted if there has been recent offending or ongoing harassment.

The mother emphasized the need for public awareness regarding these potential risks. "People don't realise that perpetrators can still access certain information, no matter what they've done to that child," she warned. "He's [the boy] the victim but it feels like he's the one with the least protection."

A Ministry of Justice spokesperson acknowledged the severity of the crimes and expressed sympathy for the victim and family. The spokesperson stated that offenders on license are supervised and subject to strict conditions, with immediate return to custody for breaches. Following the end of license conditions, victims are advised to contact the police if they have safety concerns and to utilize specialized helplines for support.