Legal Question in Family Law in Illinois

Re: How do I go about getting records?

The issuance of subpoenas on third parties for the production of documents is governed by Illinois Supreme Court Rule 204. While it is not a complicated matter, it entails much more than can be conveyed in a response such as this. Visit your local law library (there is usually one at every main county courthouse) to learn more.

With regard to obtaining the mother�s mental health records, you are prohibited from having a subpoena issued for the records without first obtaining a court order. To do this, you will have to satisfy the court that your request meets the stringent requirements of the Illinois Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 5/110-1, et seq. (You will find this statute at the law library also.) Be particularly careful to abide by the act: any willful violation of the Act is a crime.

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