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Report No. 257

C. Access to Records of the Child

5.4 Both parents are generally allowed access to a child's records (medical, educational, etc.).128 However, where disclosure of information (for example, the present address of a parent or the child) could present a risk of harm, the court may prevent disclosure of the information.129

128 See, e.g., N.C.G.S.A. § 50-13.2(b) ("Absent an order of the court to the contrary, each parent shall have equal access to the records of the minor child involving the health, education, and welfare of the child."); W. Va. Code, § 48-9-601; M.G.L.A. 208 § 31 ("The entry of an order or judgement relative to the custody of minor children shall not negate or impede the ability of the non-custodial parent to have access to the academic, medical, hospital or other health records of the child.").

129 M.G.L.A. 208 § 31 ("[I]f nondisclosure of the present or prior address of the child or a party is necessary to ensure the health, safety or welfare of such child or party, the court may order that any part of such record pertaining to such address shall not be disclosed to such non-custodial parent.").

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