STBX has an order in where she is trying to modify custody based on statements made in counseling. Think: kids told this therapist they don't want to live with their father, father said he didn't want kids the first week of school. We've seen 3 counselors, and each one I've asked about the confidentiality--they have all said nothing said in their session can be used in court. One of them actually had in their agreement "you will not use this in court, the therapist will not testify or submit records, and if you try, you will pay my legal fees to fight your subpoena."

Can I make the argument that we agreed to confidentiatlity, she has violated that agreement, and she should submit clinical notes or declarations from the therapists to support what she has in her filing so that I can make a defense against what she is alleging? Anybody with actual experience? Honestly, at this point, her lawyer has just been trying to run up our legal fees, and I just want to kick back some of that cost to her. I doubt anything except what the GAL says will matter, and she already turned on me a while back.