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Open sesame

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

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