REESELAW BLOG

When a family has to work through the court system to resolve a change in the family dynamic, it can lead to airing deeply personal and sensitive issues. Disputes like divorce and child custody involve private details about the individuals involved. In Virginia, family law cases in Circuit Court become part of the public record (in the Juvenile and Domestic Relations Court, those hearings and records are kept private since they are almost exclusively dealing with minors). This public exposure can significantly impact the privacy of all parties involved. Rather than subject a family to public scrutiny, people can take some steps to protect their privacy.

The Public Nature of Family Law Cases

When a family law matter requires a change in the family dynamic, the parties need to bring a case before the court for a legally binding outcome. Because of this, the public can access many court documents, hearings, and even some settlements. The concepts of fairness, accountability, and open access to justice by the public in the judicial system work against the privacy interests of families, which can have several negative impacts:

• Emotional Stress: The fact that personal details may be accessible to the public can add to the emotional distress already felt during family law disputes.
• Reputation Damage: Exposure of private information can harm a person’s personal and professional reputation.
• Security Risks: Public access to sensitive information, such as addresses and financial details, poses security risks for the individuals involved.
• Impact on Children: The involvement of children in family law disputes can be especially concerning, as public records might expose them to unwanted attention or harm.

Additionally, trials are open to the public. Anyone in a divorce case in Circuit Court can come in and watch. Imagine neighbors or colleagues coming to watch because they are curious. These consequences make it highly appealing to find methods to minimize what is exposed to the public.

Alternative Dispute Resolution (ADR)

When parties cooperate to engage in ADR outside of the courtroom, they can drastically reduce the public exposure that comes with court proceedings. ADR includes mediation, arbitration, and collaborative law, each of which is held privately so the work and progress achieved in these efforts minimizes the public record.

Collaborative Divorce: In collaborative divorce, the parties work together with a team of selected professionals who help facilitate the resolution of the family law matter with full attention to all of the nuances of the issues. The parties work together to create a settlement agreement for submission to the court. Like mediation and arbitration, the process is confidential.

Mediation: In mediation, the parties agree to work with a neutral third party to help them reach a settlement of some or all of the disputed issues. The mediator is generally a professional with significant experience in family law disputes, such as a family law attorney or retired judge, who helps the parties to clarify and resolve their conflict. The mediator also helps the parties to prepare a settlement agreement that can be submitted to the court.

Arbitration: In arbitration, the parties agree to a neutral third party to hear the disputes and make binding decisions about the issues. The proceedings are private, and the final decision can be kept confidential (however, arbitration is not permitted with regard to custody or child support matters).

Each of these alternative dispute resolution methods allows parties to manage their family law dispute outside the public eye such that anything that must be public record with the court has the minimal amount of information needed to comply with the law.

Sealing Court Records

In some cases, the parties can request that the court seal the records of a family law case. If granted, the records of the case will not be accessible to the public. To have records sealed, you must typically demonstrate that the need for privacy outweighs the public interest in accessing the records. An attorney with experience in family law litigation prepares and files a motion with the court to seal the records, highlighting the sensitivity of the information and the potential harm that public disclosure could cause. However, the changes of success depend greatly on the circumstances.

To keep family matters private, parties seeking to make a change to marital status, custodial rights, or other issues need to select a process that allows them to achieve the change without creating an extensive public record. ReeseLaw, P.C., can provide guidance and representation in the best strategy to protect privacy in a family law matter. Contact us today for a consultation.