“I hope the kids don’t find out!”


You and your ex have been fighting over the kids.  He said/she said.  Allegations, accusations, assertions and a whole heap of mud has been flung at each other.  Thank goodness that is all over and the we can now all get on with our lives.  Or can we…

In a recent decision, a 53 year old adult was allowed access to his parents’ 1977 court file.  But why would a child, at that age, want to have access to that file.  In this case, the child stated that access to the court file was required to make sense of his living arrangements after separation and, in particular, to understand why he was living separately from his siblings.  The adult child had spent much of his adult life battling mental illness and hoped that there might be something in the court file that might give him some clues as to his illness.

Although this person had to go through lengthy and likely costly court proceedings to obtain his parents’ file, the final outcome means that in the future, children may likely find it easier to obtain access to their waring parents’ family court file.

Parents beware.  Every request to access a file will be considered on its own facts and circumstance, fighting parents should remember that one day, many years from today, your child might see the court file and see just how much and how far the mud has been slung.



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