If I request records about my child from the school psychologist and not the primary parent?

If you currently have a custody case pending before the court, then what you would need to do is file a request with the court to issue a subpoena duces tecum to the child's school to produce those documents specifically described in your request. You will also need to serve a copy of that request for subpoena on the other party or, if the other party is representing by counsel, then upon their attorney of record. Assuming the suit has already been properly served, then service can be effectuated by mailing a copy via first-class mail, postage prepaid. You will also need to have the subpoena duces tecum served, either by a private process service or through the sheriff's office (sheriff's service is less expensive, but may take longer). You will also need to find out from the school who is the proper person to direct the subpoena to, such as the custodian of records or, if the counselor maintains those records, then you may be able to direct the subpoena to the counselor. If your case is before the Juvenile & Domestic Relations District Court (instead of the Circuit Court) and an Order Authorizing Discovery has not been entered in the case, then you may also need to file a Motion Requesting Authorization for Discovery -- in which you could also include your request that the court issue the subpoena duces tecum for the school records. If you do need to file such a motion, then that motion and the precipe noticing placement of the motion on the court's docket for hearing will need to be served on the opposing party (or, if represented, then their counsel) as described above. This notice/service requirement applies to any pleadings, motions, etc. that you may file in the case. However, obtaining counseling records for a child from a treating mental health professional is extremely difficult, if not impossible, in Virginia. If you are able to obtain the records, you will also need to have someone subpoenaed to appear at trial who can authenticate the records (at a minimum) and will probably need to produce the author of those records to produce testimony as to the content of those records, etc. Even if you get the records and the witnesses, the evidence that you are seeking to present to the court still may not be allowed to come in at trial. There may be a hearsay objection made to the counselor's records -- there are methods for overcoming those objections, such as to refresh the witness's recollection or possible arguing a business records exception, but it is complicated. There may also be an objection to having the counselor testify at all (which arguably the counselor may have to raise himself/herself by law). Even if the counselor is allowed to testify as to general impressions and even professional opinion, they cannot testify as to specific out of court statements made to them by the child (unless those statements fall under an even more limited set of excpetions). If you were represented by an attorney in this matter, then your attorney, as an officer of the court, could send out "attorney issued" subpoenas both for witnesses and documents without having to request that the court issue them (the attorney still must file a copy of the subpoenas and a letter with the court and serve a copy on opposing counsel/party). Given the difficulty of getting the actual content of those records or the testimony of the counselor admitted into evidence, the attorney would likely recommend that having a GAL appointed (the GAL would review the records, talk to the counselor, etc. and then file a report/recommendations with the court) and/or that a request for an IPE (independent psychological evaluation) of the child be filed with the court. The normal non-disclosure protections do not apply to evidence obtained in an IPE. If it is at all possible for you to employ an attorney to assist you in this trial, I would recommend it. Sincerely, Jennifer E. Mandell, Attorney-At-Law http://MandellLawHelp.webs.com