Question about discovery
Ok so help me out here. Here is the situation:
DH and HCBM are in a custody battle. In discovery they asked for everything. Some things are just ridiculous like any notes from marital therapy. Her attorney even went in front of the judge and the judge was like "absolutely NOT" HCBM is so freaking nosey. She just wants information. So, judge said family therapy notes are ok and gave the go ahead for those notes because it's discoverable. Judge said but ANYTHING marital I don't want to see it and Attorney’s work together to redact anything marital. Judge also said "I am only allowing this because it's the rules but doesn't mean I'm going to use any of this" we all know it's nothing more than HCBM just using the rules to be nosey. Judge was not happy.
Here is the issue though, the family therapist we saw it was JUST DH and I. We talked about everything. Kids, blending our family, our marriage, struggles, victories! I mean everything! It was only DH and I in every session together which to me by definition IS marital since it was him and I together. We stated it as family therapy because initially that's what we went to him for but HCBM refused to allow step kids to participate so DH and I started to see him ourselves because we really liked him and he specializes in high conflict cases and really helped us cope with the crap we were going through. So, now this is going to be discoverable apparently?? But here is my thing. I understand if the parents therapy notes are discoverable but MINE??? What the hell is going on here? I am thinking of calling my attorney and having her quash this based on the fact that this was 1) by definition marital since he and I were there together as a married couple getting advice on how to cope with the stress of crazy and not let it ruin our marriage but also 2) I don't think stepmoms mental health records are discoverable and since I was at every single session wouldn't that be reason to quash it? I'm LIVID!!! I absolutely rather die than allow HCBM to sit and read about all of MY personal thoughts, struggles etc... this is the hill I will die on. This is my private thoughts, feelings, struggles. Things that she has zero rights to. And because we said it's "family therapy" which we meant we go in and talk about anything that has to do with our family. We didn't call it marital because it wasn't JUST marital but family encompasses everything(including our marriage duh!) . But because of a technicality on word usage HCBM is going to get to see this stuff??? I'm just floored!!!! My only hesitation is if I fight it they might be like "oh she's hiding something" (which I'm not. I simply want to keep my privacy from a nutball) and they might end up saying it's discoverable anyway which means I wasted money fighting it for no reason.