It is not uncommon for family members, legal professionals, and the general public to need access to records relating to family law cases. If you are researching family law records, you may find that some records are available while others are not. This can understandably cause confusion amongst those looking for information. You may find yourself wondering: are family law cases confidential in Santa Barbara, California?
What Kinds of Cases Are Considered Family Law?
When discussing family law, it is important to understand that the field covers a large range of cases and, by extension, the kinds of records that are associated with them. In general, family law cases are those that include:
- Divorce proceedings
- Child support
- Restraining orders
- Adoption proceedings
- Alimony orders
- Child custody
- Domestic violence cases
Public Records
Typically, most documents relating to family law are public. Officials and the public at large typically have access to cases like marriage and divorce records, paternity claims, alimony, and other such records. This is done out of a general principle of transparency in the judicial system. Making records public also helps to ensure that the rights of a family involved in litigation are protected.
In this spirit, most records are made public by default unless there are specific and compelling circumstances not to do so. For example, records that might impact the safety of an individual should they be made public may be confidential and accessible only to specified parties. Records available to the public in Santa Barbara can be accessed through the Santa Barbara County Superior Court Case Information page on their website.
Confidential Records
While family law records are, by their nature, mostly public, there are some exceptions to this. As mentioned above, if certain records affect the safety of an individual, they may be ordered confidential. Similarly, records regarding the identity of minors or that would otherwise jeopardize the safety of children are usually kept confidential.
It is important to note that sometimes, two parties involved in a family law case may mutually request that records be kept confidential. In that case, records are only accessible to those involved.
With this in mind, when searching for information on family law cases, you may find that records related to the following are confidential:
- Domestic violence cases. Often, records concerning domestic violence may put the safety and well-being of a victim at risk should they become public information. It is not uncommon for the personal, identifying information of a victim to be kept confidential for their safety.
- Records of minors. It is often the case that records relating to children are either kept confidential or heavily redacted. These can include records related to adoption and juvenile delinquency. It is common practice to protect such records for anyone under the age of 18.
- Issues of practical confidentiality. This refers to instances where parties involved in any kind of litigation agree to keep information obtained from each other confidential. This can happen in most cases where family law is concerned, as long as the court agrees to the request. This is dependent on the reasoning behind the request and its impact on public safety.
- Mediation confidentiality. Mediation is an alternative form of dispute resolution that takes place outside of the courts. In these instances, a third party is brought in to mediate a dispute in order to reach a resolution that all involved can agree upon. Mediation records are often kept confidential in order to maintain the objectivity of the mediator and foster an environment where agreements can happen.
Sealing of Records
It is important to understand that records are not sealed simply because they may contain sensitive information. Records are sealed only after certain steps are strictly followed.
The process begins when one party makes a request to the court to seal a particular record of a case. This request should include all the important details regarding the record and a justification for the motion.
Common reasons that are given are those concerned with the safety of an individual (such as in domestic violence cases) or the protection of a minor’s identity (common in custody, adoption, and alimony cases.) Simple embarrassment or discretion are not legitimate grounds for requesting a record be sealed.
Once this process begins, the record enters a state known as “conditionally” under seal while the request is reviewed. The court then considers the merits of the request against the public right to access it. If the court decides that the request has merit, the record will become sealed.
It is important to know that it is extremely rare for entire cases to become sealed. As mentioned, the records of the court are, by nature, considered important public documents. However, if there is good reason to seal certain records pertaining to the case, the court may do so.
Unsealing Records
Just like the confidentiality of a record can be conditional, so can the unsealing of records. The process follows a path very similar to the request to seal records. If it can be shown that the circumstances surrounding their confidentiality have changed and that there is no risk of public or private safety at issue, the court may grant a change in the status of the record from confidential to public.
The talented lawyers at Drury Pullen Law have a deep understanding of the complex process involved in sealing and unsealing records and are happy to consult with you regarding the potential confidentiality of any family law case record.
Contact Us
There are many reasons to try and find records pertaining to family law cases. Whether you need to find records pertaining to court filings, decisions regarding legal disputes, or simply conduct research on your own family background, we are able to assist you.
At Drury Pullen Law, we have been working for over two decades to serve the people of Santa Barbara in the field of family law. Contact our Santa Barbara family law lawyer today and let us know how we can help.