Sealing Family Law Records

Litigants in family law proceedings frequently submit written declarations that include sensitive financial information or private personal matters. Many litigants would prefer to keep this information private but like other civil matters, family law cases are open to the public. However, there is a procedure available to seal records but only in limited circumstances.

Consistent with First Amendment principles, California has a long-standing tradition of open civil proceedings. This applies with equal force to family law cases, although trial courts may redact or seal particular documents to protect private information concerning an overriding privacy interest, including matters pertaining to the custody and visitation of minor children. A strong presumption exists in favor of public access to court records in ordinary civil trials because “the public has an interest, in all civil cases, in observing and assessing the performance of its public judicial system, and that interest strongly supports a general right of access in ordinary civil cases.” This presumption may only be overcome in limited circumstances, and only when particular facts are expressly identified that support such a finding.

Because of the sensitive nature of some family law proceedings, the court has discretion to order some matters closed to the public. In particular, paternity matters are confidential as well are investigations and reports related to minor children. It is also common for sensitive information, such as social security numbers and bank accounts, to be redacted from pleadings filed with the court without court intervention. However, the great majority of family law matters will proceed in open court.

The procedure to seal court records requires several steps. First, a party requesting that a record be filed under seal must file a motion or an application for an order sealing the record, accompanied by a memorandum and a declaration containing facts sufficient to justify the dealing. It is worth noting that the court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties. Instead, a court order is required and the party making the request must demonstrate all of the following facts:

(1) There exists an overriding interest that overcomes the right of public access to the the record;

(2) The overriding interest supports sealing the record;

(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

(4) The proposed sealing is narrowly tailored; and

(5) No less restrictive means exist to achieve the overriding interest.

An order sealing the record must direct the dealing of only those documents and pages that contain the material that needs to be placed under seal. All other portions of each document or page must be included in the public file. Further, a sealed record must not be unsealed except on order of the court. The burden to seal any court record is high because the public has a right to access court records but there are exceptions if you qualify.

If you are involved in a family law matter and need legal assistance, please contact the Law Office of Shannon R. Loeser APC for a consultation.