I had a discussion with my T about what things are "discoverable" in his files. When things were really bad with my husband, I was worried about discussing certain things with T because I was worried about those things coming out in the event of a custody dispute. He assured me that he actually puts very little in his notes, and that his private notes to himself would not come out in court. The treatment plan and the diagnosis would be discoverable, but not his notes to himself. I have not really checked into the accuracy of that (and I'm an attorney, so you would think I would have double checked that - but I didn't).