In a landmark child custody case, a Syracuse judge has ordered a VA psychiatrist to testify, ignoring the objections of the federal government, in a Family Court custody case, as reported by The Post-Standard on Syracuse.com
Judge Michael Hanusczak, presiding over the Onondaga County Family Court, wrote his decision as, "This Court does not desire to interfere in the Veterans Affairs Department's discretion to exercise its responsibilities under law and regulation, as puzzling and disturbing as some of the reasons for its decision may be in regards to this case. It comes down to the safety of a child as balanced against the convenience of an organization."
Judge Hanusczak further noted that interference by the government, in preventing it's doctors to testify in court could lead a "chilling effect" on veterans – in that they may forgo VA medical assistance if they know that that assistance will not aid them if needed in court related matters.
Dr. A.A., a Veterans Administration Hospital psychiatrist, has treated U.S. Marine Corps veteran S.P. for post-traumatic stress disorder. S.P. requested that his doctor testify on his behalf as S.P. is seeking joint custody of his one-year-old boy.
The VA refused to allow Dr. A.A. to testify. The federal government, according to Assistant U.S. Attorney Paula Conan, is expected to fight Judge Hanusczak's order.
However, Hanusczak believes that is in the best interests of the child – the only matter that is crucial in Family Court – to hear what Dr. A.A. has to say in order to make the proper ruling.
Lawyer Vincent Finocchio is representing S.P. Finocchio claims that both he and his client are confident that Dr. A.A.'s testimony will prove that S.P. is worthy of the child's custody.
Jennifer Rosenberg is the lawyer representing the child. Rosenberg has argued that S.P. is prone to episodes of rage and suffers with stress. She also believes that the doctor's testimony is crucial – in proving that S.P. is not fit. S.P.'s triggers, according to Rosenberg, can be clearly identified after hearing Dr. A.A.'s testimony. Additionally, knowing those triggers can promote the protection and well being of the boy.
Though S.P. waived his doctor/patient privileges the VA continued to put up roadblocks to prevent Dr. A.A. from attending the child custody hearings and present his testimony.
The judge wrote, "In as much as one of the missions of the VA is to provide medical assistance to those who have served in the military, their current policy in this case may have a 'chilling effect' on the willingness of other veterans to seek medical assistance from the VA if the VA will not permit physicians to testify even though requisite releases have been executed by the patients."
Hanusczak said that according to the state constitution the judge's decision should be considered "no less weighty" than that of the Veterans Affairs Department.
This is an interesting case for Family Court. Whether you are battling to approve the testimony of an expert witness in your child custody case or not, contact a family law attorney to suit you best in matters of child custody.