[kiterunner]

I was admitted into a psychiatric hospital about a year ago and my mother divulged this private information to my sister-in-law. Well, now she is getting a divorce from my brother and she wrote in the divorce papers that I had been in a mental institute. I feel like she violated my privacy because she wrote this in public records. Is there anything I can do about this matter? I confronted her about the issue because a friend of mine advised me to since it upset me. I left her a message on her phone since she didn't answer telling her that I would appreciate it if she respected my privacy and left me out of their divorce/custody battle. She retaliated in court by suggesting getting a restraining order on me for "harassment." Even though I never harassed her but she violated my privacy. Any suggestions would be greatly appreciated.

[Wondergirl]

What does your mental health have to do with her divorce?

[Fr_Chuck]

Yes, she did violate your privacy, but nothing illegal,

[ScottGem]

You told your mother, she is the one who violated your privacy. I don't know why it would be in the divorce, but you can file a motion with the court to exclude the info from public record.

[Fr_Chuck]

If this is a minor child whose custody is being decided, or if daughter was to testify against mother, the mother may be trying to discredit them

[kiterunner]

My brother's soon to be ex-wife is trying to discredit my brother by using my medical as well as his medical against him. She also mentioned that he had epilepsy in the papers as a reason for him to be kept for getting any custody of their child. She is just trying to make my family look bad. She even implied that my brother should be evaluated for bipolar just because of my medical history. But I feel like she did me wrong by bringing me into their legal battle because my health concerns have nothing to do with their divorce/custody battle. Your right that my mom violated my privacy but my mom wasn't the one who wrote my medical information in public divorce records.

[ScottGem]

Sorry, but I don't think a judge is going to go along with you. Your SIL was given the info, she didn't obtain it illegally. I think a judge will agree it has bearing on the custody issues. The judge may seal your records from the public, but that's a longshot.

[JudyKayTee]

If something like this is said in open Court there is no recourse. I see no difference if it's contained in legal papers.

True or false (and this is frequently asked) what is said in Court is not actionable.

I don't understand what your mental health issues have to do with your brother and his custody fight. How does your mental health impact the way he cares for his child?

[kiterunner]

My mental health has nothing to do with their custody/divorce. She suggested in the divorce papers that because I have had mental health issues that my brother should be evaluated for bipolar. Which I do not have bipolar and even if I did does not mean that my brother does. And even if my brother did have bipolar (which he doesn't) does not mean he should not be allowed partial custody of his daughter. People with biopolar are able to live normal lives like everyone else with the proper treatment. My brother's ex-wife is just trying to make him look like he has mental issues and is incapable of taking care of a child on his own because people in our family have had mental issues. However, it angered me that she is trying to use medical issues in my family against my brother in their battle for custody because she is sounding discriminating towards people with health conditions which is similar to an employer refusing to hire someone just because they were diagnosed with epilepsy even though the person is capable of working and hasn't had a seizure in many years. If she didn't want her child to be taken care of by someone who had a seizure in his past then she shouldn't have had a child with him because she knew this before she had a child with him. If she didn't want her child to be around people who have had a history of mental issues then she shouldn't have had a child with someone who's family has had some mental issues. But the way she wrote that I had been in a "mental institute" made her sound like she was implying that I was not safe for her child to be around which is bias and untrue. Basically my brother's ex-wife is just trying to do anything in her means to get what she wants and therefore she thinks bringing my brother's family into her custody battle might aid her in her wish of attaining full custody. However, my brother already went to court and they are already giving him his visitation rights whether she likes it or not. The thing I think is dumb is that they are making him take a parenting class and not her. I always thought parenting classes were for bad parents' but my brother has not been a bad parent if anything she has by keeping her daughter from having the right to see her own father when he has been wanting to be a part of his daugher's live and his been making the effort to be there for his daughter. If my brother really wanted he could have wrote things about his ex-wife's family in the divorce papers too such that her family came to this country illegally and she possibly just married him and had a child with him to use him for citizenship since she was an illegal immigrant before she married him. But, my brother never sunk to her level and brought up irrelevant family embarrassments of hers in his court battle.

[ScottGem]

However, it angered me that she is trying to use medical issues in my family against my brother in their battle for custody...

I don't blame you for being angry. I would be too. But that doesn't mean you have grounds to stop it. Divorces can be ugly things, especially when custody issues arise. It's a shame that she is mudslinging and that this will affect the child in the future. She is probably doing more harm to the child. But legally, she is within her rights to bring up anything that she feels bears on your brother's fitness as a parent. Its then up to the court to decide the pertinence of that info.

If she didn't want her child to be taken care of by someone who had a seizure in his past then she shouldn't have had a child with him because she knew this before she had a child with him.

And that's what your brother needs to bring up. His attorney should point out that;
a) she was aware of these family issues and that did not stop her from having a child with your brother
b) that she bringing in medical issues that are under control or non-existent and therefore should have no bearing on the fitness of your brother to care for his child nor your family to be around the child
c) that all this mudslinging can be detrimental to the child so that the mother seems to care less about the child then about sticking it to her ex husband, which brings into question her fitness as a parent.

But all that has no bearing on your original question. I answered that already. Since she was given the info and did not obtain it illegally, then she has the right to bring it up as part of the divorce hearings. Unless, she lies about anything, there is nothing you can do.