My Spouse Has Psychological Concerns, Which I Believe are Relevant to a Determination of Child Custody. Can I Obtain Their Psychological Records and Submit it to the Family Court as Evidence?

There are various privileges as to evidence which can be admitted to a court. One of them being the psychotherapist-patient. This prevents communications in a therapist’s office, including the therapist file, from being revealed to anyone other than the client or those who work within the therapist’s office.

Technically speaking as per the Evidence Code, the psychotherapist-patient privilege covers, “confidential communications between patient and psychotherapist.”   Specifically, it includes information obtained by an examination of the patient, that:

  1. Is transmitted in confidence between a patient and the patient’s psychotherapist in the course of that relationship;
  2. Is transmitted by means that, as far as the patient is aware, disclose the information to no third persons other than those who are present to further the patient’s interest in the consultation, or those to whom disclosure is reasonably necessary for transmission of the information or accomplishment...

Can I Move Out of the Country with Our Child? International Relocation (Move Away)

In Re: Marriage of Condon is the leading authority on international move-away cases. In re Marriage of Condon (1998) 62 Cal.App.4th 533. Moving out of the country with a child will obviously have a dramatic effect on a child’s relationship with the non-moving parent. Therefore, there are special rules for international move-away cases.

The Court analyzed Burgess and LaMusga in its decision (see prior blog entitled Relocation (Move Away) with a Child), which are the leading cases on move away ases within the United States.

In Condon, the court granted a move-away with Mother to Australia, and four vacations per year with Father. The factors the trial court used in its analysis included Mother’s ability to financially support herself in Australia rather than be wholly dependent on Husband for support; the impact of the parties' stressful relationship on the children; Mother’s extensive family in Australia; the children’s primary emotional...

Tess was invited to speak on ESPN 1700AM Jesse’s Secret Stash Radio show!

Certified Family Law Specialist, Tess Reutzel appeared live on Jesse's Secret Stash ESPN 1700AM to discuss the 4 Biggest Family Law Mistakes. Tess shares a little about what she does as a family law attorney and offers insight and new perspectives on some tricky family law matters. Thanks to Jesse and ESPN for having us!

Click here to watch the full video!


Can I Move from San Diego with my Children?

Many clients contact me asking how the court orders involved in a custody case impact their right to move out of the county or out of the state, whether it is for a new job, being closer to family, or due to the high cost of living in San Diego.  While a divorce is pending, automatic orders are in place prohibiting a parent from traveling with the children out of the state, let alone moving with them.  Even after a divorce or paternity case is finalized, most orders prohibit a parent from moving the children outside the County of San Diego without a court order or agreement with the other parent.  So how do you go about being able to move?

The move away process is rather complicated in California, and is dependent upon the previous orders in the case.  Obviously, the court will take special consideration in move-away cases since...

Law Offices of Tess Reutzel