Kara Sears
Family law cases are typically public records that are available for public viewing and copying, unless they are confidential or sealed by the court. In the state of California, for instance, family law cases opened prior to 1990 may be available for viewing but are stored offsite. The public can access these records at the Superior Court of Orange County Justice Center via public computer terminals. Similarly, in Sacramento, California, family law records are stored at the William R. Ridgeway Family Relations Courthouse or an offsite facility, and can be viewed in person or by mail. However, certain cases, such as those involving parentage or assisted reproduction, may be confidential and only accessible to the named parties or their attorneys. Additionally, specific documents within a court record, such as mediation reports and drug test results, may also be confidential and accessible only to authorised individuals. Overall, while family law cases are generally public records, there are exceptions where confidentiality is maintained to protect sensitive information.
| Characteristics | Values |
|---|---|
| Family law records public or private | Family law records are public records subject to public view and copying, unless they are confidential by law or sealed by the court. |
| Records storage location | The records are stored at the William R. Ridgeway Family Relations Courthouse or at an offsite facility. |
| Record viewing process | The guidelines for viewing and requesting copies of records vary depending on where they are stored, the requester's relationship to the case, and whether they are representing a public agency. |
| Record copying process | Copies can be made using public copy machines in Room 102 at the courthouse or requested by mail or drop box. Out-of-state requests must be made by mail. |
| Record search | If the desired record cannot be found, a clerk can perform a record search either in person or by mail. |
| Record fees | Fees for copies and certifications may apply and can be paid by check, money order, or credit card authorization. |
| Record processing time | It may take 7 to 10 days to process and mail the requested records. |
| Remote access | Remote access to electronic case records is available to parties and their attorneys. The court may also provide remote access to the public for certain records. |
| Confidential records | Certain records, such as mediation reports, drug test results, and psychological evaluations, are confidential and can only be accessed by the parties or their attorneys. |
| Parentage cases | Parentage cases filed before January 1, 2023, and involving assisted reproduction are confidential and accessible only to the named parties and their attorneys. Cases filed on or after January 1, 2023, that do not involve assisted reproduction are public records. |
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What You'll Learn
Viewing family law records in California
Family law cases are generally public records in California, meaning anyone can view and copy these records. However, some family law records are confidential or sealed by the court and cannot be accessed by the public. These include cases involving parentage, mental health issues, adoption, and child custody arrangements for unmarried parents.
If you are a party to a family law case, you can access the electronic records of your case through remote access. This can be done on any device with an internet connection, such as a computer, tablet, or smartphone. You can also view the records in person at the courthouse. If you are not a party to the case, you may still be able to access the records remotely or at the courthouse, depending on the specifics of the case.
To find a family law case online in California, you can visit the website of the Superior Court in the county where the case was filed and navigate to the Family Law section to find the court's online case portal. This portal typically offers a Case Search function that allows anyone to search by name and case number. Alternatively, some courthouses provide public computer terminals for viewing court records.
If you are unable to find the record you are looking for online, you can contact the Clerk's Office of the relevant Superior Court. They may be able to perform a record search or provide information on how to access older records stored off-site. To obtain copies of court records, you must submit a completed Copy Request form, along with a valid photo ID and payment for the copies, to the Family Law Division Clerk's Office of the Superior Court in the county where the case was filed. You can also request copies by mail or phone, and the records will be mailed to you within 30-45 days.
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Requesting copies of family law records
Family law records are typically considered public records and are available for public view and copying. However, there may be exceptions for cases that are confidential or sealed by the court. For instance, parentage cases under the Uniform Parentage Act filed before January 1, 2023, and involving assisted reproduction are treated as confidential and can only be accessed by the named parties or their attorneys.
To request copies of family law records, you can follow the procedures outlined by the relevant court or jurisdiction. Here are the general steps to request copies of family law records:
- Identify the Court: Determine the specific court that handled the family law case. Different courts may have slightly different procedures for requesting records.
- Complete the Necessary Forms: Obtain and complete the required forms for requesting copies of family law records. This may be called a "Request for Copies of Family Law Records" or a similar title.
- Provide Necessary Information: Include all the required information in your request. This typically includes the case number, the names of the parties involved, and the approximate date when the document was filed. If you don't have the case number, you may be able to search for it through the court's public records index or website.
- Submit the Request: Submit your completed request form along with any required fees or a copy of the fee waiver if applicable. Requests can often be submitted by mail or in person at the court's designated drop box or office. Some courts may also offer online options for requesting copies of public records.
- Provide Valid Identification: When requesting confidential or sealed records, you may be required to provide valid photo identification to verify your identity and ensure you are authorised to access the records.
- Wait for Processing: It typically takes time for the court to process and fulfil your request. The timeframe can vary depending on the court and the method of request, ranging from 7 to 45 days.
- Receive the Copies: Once your request is processed, you will receive the copies of the family law records you requested. These may be provided electronically or through physical mail, depending on the court's procedures and your preferences.
It is important to note that specific procedures and requirements may vary depending on the court and the jurisdiction. Always refer to the guidelines provided by the specific court or seek guidance from their Records Management Division or Family Law Records Clerk.
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Confidential family law records
In California, family law cases are generally public records. This means that most documents filed in a family law case, such as divorce proceedings, child custody cases, and support orders, can be accessed by the public. However, certain types of information are deemed confidential to protect the privacy and safety of the individuals involved.
Family law records may be confidential by operation of law or sealed by the court. For instance, parentage cases under the Uniform Parentage Act filed before January 1, 2023, and petitions involving assisted reproduction are confidential and only accessible to the parties named in the cases or their attorneys of record.
Documents within a court record may also be confidential, such as mediation reports, drug test results, and psychological evaluations. These documents may only be viewed and copied by the parties or their attorneys of record.
Personal Identifiers
Personal identifiers, such as Social Security numbers, financial account numbers, and driver's license numbers, are redacted from publicly accessible documents to prevent identity theft and protect against fraud.
Children's Information
Information about minors, including their names, addresses, and living situations, is typically kept confidential to ensure their safety and privacy. Reports and recommendations from child custody evaluations are generally sealed and not available to the public.
Medical and Psychological Records
Any medical or psychological records submitted in a family law case, pertaining to adults or children, are confidential.
Attorney-Client Communications
Attorney-client communications are protected by attorney-client privilege and are confidential unless the client chooses to waive this privilege.
Adoption Records
In cases involving adoption, all records are sealed and can only be accessed by the parties involved or through a court order.
Sensitive Law Enforcement Records
Records involving law enforcement in a family law case, such as situations of child endangerment, may be kept confidential.
Settlement Agreements
If the parties in a family law case reach a settlement, they can request that the terms be kept confidential, particularly if they involve sensitive financial or personal matters.
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Viewing records at a courthouse
Family law cases are generally considered public records and are subject to public view and copying. However, certain cases may be confidential by law or sealed by a court order, in which case only specific individuals will be granted access. These include parentage cases under the Uniform Parentage Act, petitions involving assisted reproduction, and cases involving mental health issues, adoption, or child custody arrangements for unmarried parents.
If you wish to view family law records at a courthouse, the process may vary depending on the location and the specific court. Here is a general guide based on information from the Sacramento Superior Court and the Superior Court of California, County of Orange:
Sacramento Superior Court
The Sacramento Superior Court maintains family law records at the William R. Ridgeway Family Relations Courthouse and an offsite facility. To view records in person, visit the courthouse during business hours, which are typically Monday through Friday from 8:00 a.m. to 5:00 p.m., excluding court holidays. You can request that the court makes copies for you, or you can use the public copy machines in Room 102. Fees may apply, payable by check, money order, or credit card authorization.
Alternatively, you can authorize a family member, friend, or private agency to obtain the records on your behalf. If you live outside the state, you can request copies by mail or by using the drop box. Include the necessary fees or a copy of the fee waiver, if applicable, along with the completed "Request for Copies of Family Law Records" form. Processing times may vary, typically taking around 7 to 10 days.
Superior Court of California, County of Orange
The Superior Court of California, County of Orange, allows for the viewing and copying of family law records at the Lamoreaux Justice Center, Family Law Division Clerk's Office, 7th floor. To access these records, call (657) 622-8457 to order the case you need. The clerk will notify you when the case is available, typically within approximately 4 business days. A valid photo identification is required for viewing.
Additionally, you can access copies of documents for family law public records electronically via public computer terminals at any Superior Court of Orange County Justice Center. This includes cases such as dissolution, legal separation, nullity, domestic violence restraining orders, and cases initiated by the Department of Child Support Services.
Access for Specific Individuals
It is important to note that access to family law records may vary based on your relationship to the case. If you are a party to the case or an attorney representing a party, you typically have full access to the electronic court case records, even if the public does not. This access can be granted remotely or at the courthouse, depending on the specific court's capabilities.
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Accessing records remotely
Family law records are typically considered public records, and as such, they are available for public view and copying. However, this is only true for cases that are not confidential by law or sealed by the court. If a case is confidential or sealed, no member of the public may view the record, either at the courthouse or remotely.
That being said, there are several ways to access family law case records remotely, depending on your relationship to the case and where the case was filed.
Remote Access for Parties to the Case
If you are a party to the case, you can access the electronic records of your case on a computer, tablet, or smartphone anywhere with an internet connection. To obtain access, you must first create a Public Case Access account and enrol in each of your cases individually. You must file a Family Law Case Participant Enrollment Form - Family Law, along with a copy of your government-issued identification, either by mail, by placing it in the court drop box, or in person with a service ticket. Once the form is processed (which usually takes about three working days), you will receive an email confirmation granting you access to your case.
Remote Access for Attorneys
If you are an attorney, you must also have an account to access your case. For cases filed after January 1, 2015, you are automatically linked to your case by the court. For cases filed before this date, or to unsubscribe from a case, you must file a Family Law Case Participant Enrollment Form - Attorney using one of the methods described above. Once processed, you will receive an email confirmation. To view documents for a case, you must have both a Public Case Access account and a participant subscription to that case.
Remote Access for the General Public
The public may access case data without visiting the courthouse through the Public Case Access System, which provides limited case information. To access official records, public entities inside California may request copies of records by email, while those outside California may request copies in person or by mail.
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Frequently asked questions
Family law records are public records subject to public view and copying, unless they are confidential by law or sealed by the court.
In California, you can access case records on a computer at the courthouse, or on a computer, tablet, or smartphone with an internet connection. If you are a party to a case, you can also request access to your case file by submitting a form and a copy of your government-issued identification.
Examples of confidential family law case records include mediation reports, drug test results, and psychological evaluations. These documents can only be viewed and copied by the parties involved or their attorneys.
You can obtain copies of family law case records by visiting the courthouse in person, using a public copy machine, or requesting copies by mail or through a drop box. Fees may apply for obtaining copies of records.
