08/10/2026
Can a party to a family law proceeding access your psychological records?
Psychological records are very personal, however, in family law proceedings, they may still be requested.
Since 10 June 2025, the Family Law Act 1975 (Cth) has provided added safeguards for sensitive records, including psychological records that qualify as “protected confidences”.
Privacy is protected but not absolute
The Court may refuse access, order redactions or limit inspection to lawyers and experts. The Court’s approach will depend on the relevance of the records and the circumstances of the case.
In Dixon and Dixon [2025] FedCFamC2F 1082, the father’s medical records were considered a protected confidence, however, access was allowed because the contents of those documents may be highly relevant to parenting decisions. Importantly, inspection was restricted to the lawyers and the appointed expert only.
What should you do?
If sensitive records may become an issue in your matter, obtain advice early.
Eliver Family Law can help you understand your rights.
Written by Jessica McCrohan
Senior Associate
Dixon and Dixon [2025] FedCFamC2F 1082. P. 27, Reasons for Judgement
www.eliverfamilylaw.com.au