In re Fulgium, 150 S.W.3d 252 (Tex.App.--Texarkana 2004, no pet.)(orig. proceeding) addressed the discoverability of confidential records in a suit affecting the parent-child relationship.
The Fulgiums sought mandamus relief to compel discovery of court-appointed special advocate (CASA) records and the depositions of the CASA case manager and the custodian of records of the Texarkana Children's Advocacy Center.
CASA and the Advocacy Center sought protective orders, alleging that the records were privileged under the Texas Family Code. TEX.FAM.CODE ANN. § 261.201 (West 2008).
The appellate court denied mandamus relief because the Fulgiums failed to show that the information was essential to the administration of justice or that the disclosure posed no danger to child or another person. Id. at 255.
In short, the grandparents had not demonstrated that the trial court clearly abused its discretion.