Q. For the last ten years, my ex has been making false allegations against me in various affidavits she files with the court. We have had three contempt trials and each time I have been found not guilty and each time I have provided exhibits which substantiate my side. The problem is after trial, the exhibits are not kept with the file so my response to her false claims are not evident to anyone who might look at our file.
I recently discovered my new employer Googled me and has looked at my divorce file – now that it is online and anyone can look it up. I guess it’s a good thing he Googled me after offering me the job, but it did make for some awkward questions.
There is a gatekeeper order so neither my ex nor I are permitted to file any more cases without prior court approval. I live in fear that anyone doing an internet search will be able to find out all of the terrible things she has said about me over the years, which are completely false. I am worried about the impact on my ability to earn a living.
Is there any way to seal my case?
A. Your first step is to file a motion for permission to file a complaint given the gatekeeper order. Your best option is to speak with someone in the Registry of the county where you are filing. A complaint for modification might work but you are not trying to modify a prior order, you are trying to modify the manner in which your file is kept. So, you might need to file a complaint in equity seeking to have the file impounded. Your changed circumstances necessitating this filing is the change in technology and the way in which it is used. At the time of your divorce ten years ago, there was no e-filing system where anyone could access your divorce papers – they would have to physically go to court to look at your file.
If the Registrar says a modification is not the right method, the court has general equitable powers and a complaint in equity is another option. You can only get a motion to impound heard if there is a complaint pending.
Once you file a complaint, you should also file a motion to impound the file. You will need to state in your motion the reasons you need the file impounded including stressing how public access to your ex’s affidavits could impact your livelihood.
Email questions to whickey@brickjones.com