Susan fails to appreciate that although section 598.41(1)(e) guarantees both parents "legal access" to a child's medical records, section 598.41(1)(e) does not give either parent an absolute right to those records. Under chapter 598, the best interests of the child always prevail. See In re Marriage of Bingman, 209 N.W.2d 68, 71 (Iowa 1973) (stating "[t]he entire tenor of [chapter 598] is to provide the court with any information which might be helpful in determining the child's best interest"). For example, a divorced parent with legal custody does not have the absolute right to direct a child's medical care. See Iowa Code § 598.1(3) (providing the parents with "joint legal custody" have the right to equally participate in decisions affecting a child's medical care).
Trial courts are empowered by SDCL 15-6-35(a) to order a mental examination in child custody cases when such is in controversy and good cause therefor is shown. See In re Marriage of Bingman, 209 N.W.2d 68, 71 (Iowa 1973), and Moninger v. Moninger, 202 Neb. 494, 500, 276 N.W.2d 100, 104 (1979). We deem this statute particularly applicable in dispositional proceedings in dependency and neglect actions and the trial court is empowered thereby to order a mental examination.
We strongly urge that the protracted litigation on the temporary measures end and custody and visitation be permanently fixed. If necessary to resolve the issues, the court has authority to order a mental or physical examination of the children and to appoint separate counsel for the children.In re Marriage of Bingman, 209 N.W.2d 68, 71 (Iowa 1973). If a mental examination of the children is ordered, in light of the length of time since Richard has seen the children and the children's alleged great fear of him, the court may be well advised to require the examination to include a determination of whether the children have suffered from parental alienation.