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Data protection/crimanal files

  • woodbutcher3773
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06 Aug 12 #347621 by woodbutcher3773
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quick qusetion can any one tell me if i can give copies of previouse convictions and police storm logs from crimanal cases to the district judge and CAFCASS or will this be breaking the law or data protection.

  • u6c00
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06 Aug 12 #347643 by u6c00
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My ex took some medical letters that didn''t belong to her and submitted them to court, Cafcass and anyone else that would listen. So far no one has batted an eyelid.

The police said that she hasn''t done anything criminal, that it''s a civil matter. I''m pursuing an injunction to stop her though.

If you are entitled to the information (i.e. because it is publicly available, it is about you or any other reason that makes you entitled to the information then you probably don''t need to worry.

If you''re not entitled to the information because you''ve stolen, copied it without permission or any other reason then I would suggest you don''t even try, it might get you in a lot of trouble.

Whether or not you are allowed to use it and whether anyone will pay attention to it are two different things!

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06 Aug 12 #347722 by woodbutcher3773
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i have been accused of many minor offences by my x and most of the papers are police storm logs which show they have lied and i also have my x and her partners previous convictions this was all supplied to me as part of a further accusastion by my x and her partner for purpose of defence.

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06 Aug 12 #347741 by u6c00
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There''s probably nothing to stop you then.

I don''t know your circumstances or the details of your case, but if you are hoping to reach a sensible and amicable agreement it''s best to keep your accusations to yourself. It will become very costly if you don''t.

Take it from someone who made that mistake already.

  • soulruler
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06 Aug 12 #347746 by soulruler
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It sounds like the problems you are describing are good reasons why the marriage has broken down - we are moving more and more to non fault divorce so that reduces the acrimony and mud slinging.

I agree keep these documents to yourself as they will not help you either get the divorce or come to a good financial settlement (they are different things).

You will come across as mud slinging and vindictive and will also be wasting court time by producing them to court as those things sound like they are in the past.

If she has behaved badly in the past it may well be that she continues in the same vein as the divorce progressess.

Keep your nose clean and let any allegations come from her - it won''t help her cause much.

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06 Aug 12 #347748 by soulruler
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u6c00 (strange name!)

I have had a similar but different experience regarding my medical record.

In my case I wanted my medical record submitted to court especially the bit where my ex tried to have me sectioned behind my back (only actually found out about that as a friend who was there when he phoned out of hours doctors told me).

Anyway, ex refuses to agree that I could access my own medical record to prove that it was him that had phoned - although I got the medical report from my doctor it just said "third party report to doctor" and didn''t disclose the nature of the call or the person involved.

The reason for this is Data Protection Act and that when a party makes a disclosure that a person is mentally insane that that third party is protected in law as the insane/mentally unstable often attack the person who reports them.

In the end after 2 years of no joy and three mental evaluations by mental health team social services managed to get into my health records and were able to confirm that my ex did phone the doctors and attempt to get me committed.

Peoples medical records are most definitely private and spouses are not allowed to produce medical records without the consent of the other party.

I don''t know what your wife is hoping to acheive by submitting your medical record to court but I would just advise a little caution as courts have seen most things and unless it is really going to cause a problem do you really need another court hearing and an injunction against her?

I have submitted my medical reports and they are colourful but I am not a danger to anyone nor am a bad parent by inference - my drinking is mentioned, my depression and anxiety, my medications for those condictions and other issues that are on my medical records that I wouldn''t like to talk about on an internet forum.

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07 Aug 12 #347759 by u6c00
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You''re probably right about her submitting it to court soulrunner.

Unfortunately it has now gone beyond that, with her trying to read it out loud to my parents and family.

I''m worried that she might send it to future employers or other people.

She doesn''t have any authority to disclose it in my case, the doctor who wrote it is not impressed at all!

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