In a Decision – M.P. v. E.S. (an "Unreported Decision") >> the Court Held:
The Appellate Division determined that if further proceedings did occur, the Father could be barred from using the Confidential Evaluation Report to pursue a Grievance to the Author.
A protective order limited the use and dissemination of a custody-parenting time report. Father had requested the protective order’s limitations be expanded to permit him to pursue grievances with the entity that authored the report. The Mother opposed the demand, asserting her and the parties’ child’s right to confidentiality in statements they made to the author. The Appellate Division deemed the demand of Father to be premature as no proceeding against the author had been commenced and the Court held that even if Father commenced such a proceeding or lawsuit, the trial court would still have to weigh the reasons for keeping the report confidential in the first place, along with Mother’s and the parties’ child’s competing interests.