header-logo header-logo

13 July 2012 / David Burrows
Issue: 7522 / Categories: Features , Divorce , Family , Ancillary relief
printer mail-detail

Open sesame

istock_000001465775medium_4

Can information disclosed in family proceedings be released to particular individuals or bodies, asks David Burrows

When may documents or other evidence which arises in family proceedings be released to third parties? Use of documents produced in family proceedings, or of information or other evidence, arising from the proceedings, and their disclosure to third parties raises three particular questions:

  • To what extent may such documents, information or other evidence be publicised generally?
  • Can disclosed documents or other information or evidence be released to particular individuals or bodies, such as HM Revenue and Customs (HMRC), the Child Support Agency—even the police—for uses separate from the family proceedings?
  • To what extent is it possible to secure the release to third parties, eg the police, of self-incriminating evidence given by parties to care proceedings under the protection of the Children Act 1989 (ChA 1989), s 98?

In this article the question arises in connection with the second of the above examples, specifically in relation to financial order (formerly ancillary relief) proceedings, where HMRC wishes

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll