In Perry v. Fiumano, 61 A.D.2d 512 [4th Dept 1978], the parties' separation agreement called for the father to be the primary custodian of the child. Subsequently, the child's mother petitioned for primary custody. On her motion for a psychiatric examination of the father, the court ordered an examination of the mother, father, and the child. Later on in the proceeding, the mother sought records of the father's prior counseling. Applying a "balancing of interests" test, the Court held that "where it is demonstrated that invasion of protected communications between a party and a physician, psychologist or social worker is necessary and material to the determination of custody the rule of privilege protecting such communications must yield "to the court's duty to protect the welfare of the child" (Perry v. Fiumano, 61 AD2d at 519). Nonetheless, the Court emphasized that in light of possible "chilling effects" therapist-patient privilege should not "cavalierly be ignored or lightly cast aside." Instead, "there first must be a showing beyond "mere conclusory statements" that resolution of the custody issue requires revelation of the protected material" (id.).