ATTACHMENT FM-1036
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA
FAMILY JUSTICE CENTER
FOR COURT USE ONLY
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:
STIPULATION RE: PROTECTIVE ORDER FOR FAMILY
COURT SERVICES RECORDS AND ORDER THEREON
CASE NUMBER:
FCS NUMBER:
Petitioner/Plaintiff, self-represented, or through his/her legal counsel,
and/or Respondent/Defendant, self-represented, or through his/ her legal counsel,
, and/or Counsel for the Minor,
stipulate to the following and request that it be made an order of this Court.
1. The parties stipulate that the following Family Court Services records may be released:
;
to: .
Mediation notes, computerized criminal record check documents, police reports, Juvenile Court and
Child Protective Service records, and any documents the re-disclosure of which is prohibited by
Federal or State law and reports shall not be released.
Parties shall make arrangements with a copying company to come to FCS to make copies and are responsible
for the costs. Parties shall provide FCS with a copy of the filed court protective order and call in advance to
make sure the file is available.
2. All Family Court Services (FCS) records shall be marked Confidential by the disclosing party, and their
contents shall be used solely in the above-entitled Family Court action for purposes of this litigation, and only
in accordance with the terms of this Order. The Family Court Services records shall not be exhibited nor
disclosed to other persons except as specifically provided in the order and shall not be used for any other
purpose or disseminated in any other form without the express order of the Court after notice to the parties,
Family Court Services and the attorney for Family Court Services.
3. The Family Court Services records marked confidential and their contents may be exhibited and/or disclosed
only to the parties and counsel for parties to this action, and other persons who are directly engaged in
representing the parties as agents and/or employees of the parties or counsel for the parties, including experts
and investigators, who shall be subject to the same terms of this Order.
4. Nothing contained herein shall prohibit the parties or counsel for the parties or any other party to this action
from using or referring to the Family Court Services records in motion papers or pleadings filed with the Court
in this action or upon appeal. However, in the event such documents should be contained within any
pleadings, any party or FCS will have the right to move that the pleadings be sealed pursuant to court order.
FM-1036 REV 08/01/16
STIPULATION RE: PROTECTIVE ORDER FOR FAMILY
COURT SERVICES RECORDS AND ORDER THEREON
Page 1 of 2
ATTACHMENT FM-1036
CASE NAME CASE NUMBER
5. Where permitted by rules of evidence, the Family Court Services records may be exhibited to witnesses during
the court proceedings in this action; provided, however, that to the extent that the transcript of any court
proceeding or the exhibits thereto incorporate the FCS records, that portion of the trial or pretrial transcript and
any such exhibits may be sealed in accordance with the Court’s rules and procedures upon application
therefore by a party or FCS.
6. At the conclusion of this Family Court litigation, by a judgment related to custody, and when all appeal rights
have been exhausted, the parties may retain a copy of each of the Family Court Services records.
7. All documents obtained from any juvenile case file or from any child welfare agency (collectively “juvenile case
file,” as defined by California Rule of Court, Rule 5.552) must be treated as confidential by all parties and
attorneys pursuant to Welfare and Institutional Code 827, 827.10, and Rule 5.552. Any party who seeks to file
with the Family Court any juvenile case file document or record must first present a request to file such
documents under seal pursuant to California Rules of Court, Rules 2.550 and 2.551.
8. Family Court Services may not release any documents originally contained in any juvenile case files. Such
records must be obtained from the child welfare agency or the Juvenile Dependency Court, pursuant to
Welfare and Institutions Code sections 827 or 827.10. Such records may not be disclosed to unauthorized
persons by the parties or counsel to this stipulation without a court order by the Juvenile Dependency Court. A
petition for disclosure under section 827 must be filed with the supervising judge of the Juvenile Dependency
Court at 201 North First Street, San José, CA 95113.
9. If there is any unauthorized disclosure of any Family Court Services records or juvenile case file information
subject to this Order by any person, said person shall be subject to sanctions and contempt for violation of this
Order.
Dated:
Respondent/Defendant
Dated:
Attorney for Respondent/Defendant
Dated:
Petitioner/Plaintiff
Dated:
Attorney for Petitioner/Plaintiff
Dated:
Attorney for Minor(s)
ORDER
IT IS SO ORDERED.
Dated:
Judicial Officer of the Superior Court
FM-1036 REV 08/01/16
STIPULATION RE: PROTECTIVE ORDER FOR FAMILY
COURT SERVICES RECORDS AND ORDER THEREON
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