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Main Forums => Custody Issues => Topic started by: dipper on Feb 04, 2017, 01:49:50 PM

Title: Motion to Quash
Post by: dipper on Feb 04, 2017, 01:49:50 PM
We go to court on February 14th.  We have subpoenada lot of medical information about the mother.  Her therapist sent a letter saying she is not a patient.  Now we are receiving letters that her attorney is filing motions to quash all of it.  This information is important to show that she is physically and mentally incapable of taking care of child.  One pharmacy will not even send it to the court, as is the law, and wants an order from the court first.  She is wanting to hide all the pain medication she has been on.  Does anyone have experience with this?
Title: Re: Motion to Quash
Post by: MixedBag on Feb 06, 2017, 06:40:05 AM
Nope -- don't have a clue if you need to answer a motion to quash.  I'd be all over Google.
Title: Re: Motion to Quash
Post by: dipper on Feb 06, 2017, 01:47:15 PM
Thank you.  I did google - was just hoping someone had actual experience.  From what I read, the places subpoenad are supposed to actually send the documents sealed to the court.  The motion will go before the judge at trial and if the judge rules they can be used, they are opened...if not, they are shredded.  A reason they can request the files not to be used is saying the parent's medical or mental health is not relevant to the case.   So, it's up to our attorney to prove that her medical and mental health are definitely at issue as far as the care of the child.