Can an affidavit to be sealed if the affidavit contain health/physical/mental information in a family court?

Asked almost 2 years ago - Seattle, WA

In the affidavit, I would like to provide the court with preexisting conditions of health issues. I was diagnose for bi polar and PTSD, I have a different case with my child's father. and I don't want him to use that against me. As far as I understand, I can have the medical record, financial record to be sealed, but can I have the affidavit to be sealed?

Attorney answers (3)

  1. Dave Hawkins

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You can have the documents sealed fron public view, but the opposing party has an absolute right to see all documents you have filed with the court. To allow the court to make a ruling on documents he has not seen would be a fundamental violation of due process. You are not required t file the documents and protect your privacy in that way. But if you want to court to make a ruling, the other side has to be copied n all documents you give tot he court. You cannot litigate by ambush.

    The information is for general information purposes only. Nothing stated above should be taken as legal advice for... more
  2. Richard Paul Patrick

    Contributor Level 13

    2

    Lawyers agree

    Answered . You can seal any document that contains personal information like medical information or social security numbers, birthdates, financial information and the such. Simply provide the clerk with a Sealed Cover Page and write the word "sealed" on the top right corner of each page of your document. You can find the cover page online at Washington Courts or at your local Superior Court Law Library. HOWEVER, WARNING WILL ROBINSON!!!! You need to be careful. You say you don't want your X to use the information against you in another case. There are sooooo many red flags when you say something like that I must advise you to seek legal counsel prior to filing anything with a sealed cover page...SEEK LEGAL ADVICE! You may or may not be able to keep the information from your X...You may have a duty to disclose the information to your X...The information may or may not be protected under a separate doctrine. Please seek legal counsel on this issue.

    This is not legal advice.
  3. Daniel Seth Williams

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . You can ask the Court do an in camera review of the documents, but this may entitle the other parties to see them too. You should get an attorney to handle this because once the cat is out of the bag, it is out of the bag.

    Attorney Williams practices FAMILY LAW throughout the State of California and may be reached at (831) 233-3558 and... more

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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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