Q: there is confidential health info which I haven’t given a release for, and don’t intend to. He does sum up however, on the last page of his 63 page report, that I’m not a danger to our kids, and there is no reason why I can’t spend more time with them. That’s “the bottom line”.Can it be stipulated before trial that only the last page be admitted? After all, in order to reach his conclusion, he took into account ALL of the foregoing pages, observing us together, and conducing many interviews. If the opposition balks, what, if anything, can the judge do about this impasse? Case is in a NY Supreme Ct.
A: David’s Answer: Of course, the parties can stipulate that any portion of the report can come in. Generally, however, the report comes into evidence subject to any party’s ability to cross-examine the psych. That said, it may behoove you or your lawyer to discuss with the opposing side omitting the “health” information you don’t want admitted into evidence, especially if it’s completely irrelevant to the issues before the Court. Schedule a consult with an Orange/Westchester Child Custody attorney for a full assessment. – David Bliven, Westchester Child Custody Attorney (www.blivenlaw.net)