Understanding Confidentiality in Family Law Cases: Practice Note 10

Why is confidentiality important in legal proceedings?

For many individuals involved in family law proceedings, the confidentiality of sensitive information is a significant concern. In Alberta, Practice Note 10 addresses these concerns by ensuring that family law files and proceedings remain private and protected from public access.

Overview of Confidentiality in Family Law

Family law proceedings often involve highly personal information, including details about children, financial records, and other sensitive matters. Practice Note 10, issued by the Court of King’s Bench of Alberta, establishes strict guidelines to protect this information.

Anyone can access a family law file’s procedure card and scheduling information.

Information, including orders, transcripts, applications, and affidavits, can only be accessed by specific individuals in accordance with Practice Note 10, which came into effect on October 15, 2017.

According to Practice Note 10, only specific individuals have access to the remainder of the Court File for family law files. These include the parties involved, their legal counsel, and any government employees acting in the course of their employment related to the case.

This means that the general public, including curious onlookers and other family members, cannot access the information contained in these files.

The Court takes privacy seriously, ensuring that sensitive details about children and financial matters are kept confidential.

Confidentiality and Civil Files

In contrast, civil Court Files are generally open to the public. This means that anyone can access the information contained in these files, which may include details about business disputes, personal injury claims, and other civil matters. The openness of civil files is intended to promote transparency and accountability in the legal process. However, this level of access is not appropriate for family law matters, where the privacy of the individuals involved is paramount, especially when health information, financial information, and information about children may be entered as part of the Court’s record.

How can Family Law Files be Accessed?

While family law files are generally protected from public access, there are circumstances under which an individual may request access.

To do so, the individual must:

1. File an “Authority to Access Family Law File” form.
2. This form must be completed and served upon all parties involved in the case and their legal counsel.
3. Additionally, an Affidavit of Service must be filed with the Court to confirm that all parties have been notified of the request in accordance with rules 11.21(electronic method) or 11.22 (recorded mail).

How can access be restricted to Family Law Files?

If a party or a child of a party wishes to prevent access to all or part of the Court File, he or she may bring a “Restricted Court Access Application” under Part 6, Division 4 of the Alberta Rules of Court, within 30 days of service of the Request.

If no objections are raised within 30 days and provided that the Affidavit of Service has been filed, the Court may grant access to the file. This process ensures that any access request is carefully considered and the parties’ privacy is maintained.

Alberta Courts are Protecting Your Privacy

If you are involved in a family law proceeding in Alberta, you can rest assured that your personal information, including details about your children and financial matters, will be protected under Practice Note 10. The Court’s commitment to confidentiality ensures that sensitive information remains private, providing peace of mind during what can be a challenging time.

Contact us today for more information about Practice Note 10 and the confidentiality of family law proceedings.