§48-1-303. Confidentiality of domestic relations court files.
(a) All orders in domestic relations actions entered in the civil order books by circuit clerks are public records.
(b) Upon the filing of a domestic relations action, all pleadings, exhibits or other documents, other than orders, that are contained in the court file are confidential and not open for public inspection either during the pendency of the case or after the case is closed.
(c) When sensitive information has been disclosed during a hearing or in pleadings, evidence or documents filed in the record, the court may, sua sponte or upon motion of a party, order such information sealed in the court file. Sealed documents or court files can only be opened by order of a circuit or family court judge.
(d) The parties, their designees, their attorneys, a duly appointed guardian ad litem or any other person who has standing to seek modification or enforcement of a support order has the right to examine and copy any document in a confidential court file that has not been sealed by court order. Upon motion and for good cause shown, the court may permit a person who is not a party to the action to examine and copy any documents that are necessary to further the interests of justice.
(e) The clerk of the circuit court shall keep a written log of all persons who examine confidential documents as provided for in this section. Every person who examines confidential documents shall first sign the clerk's written log, except for a circuit judge or family court judge before whom the case is pending, or court personnel acting within the scope of their duties. The clerk shall record the time and date of every examination of confidential documents. The log must be retained by the clerk and must be available upon request for inspection by the circuit judge or the family court judge.
Structure West Virginia Code
Chapter 48. Domestic Relations
Article 1. General Provisions; Definitions
§48-1-101. Short Title; Intent of Recodification
§48-1-102. Legislative Intent; Continuation of Existing Statutory Provisions
§48-1-103. Operative Date of Enactment; Effect on Existing Law
§48-1-104. West Virginia Code Replacement
§48-1-201. Applicability of Definitions
§48-1-202. Adjusted Gross Income Defined
§48-1-203. Antenuptial or Prenuptial Agreement Defined
§48-1-204. Arrearages or Past Due Support Defined
§48-1-205. Attributed Income Defined
§48-1-206. Automatic Data Processing and Retrieval System Defined
§48-1-207. Basic Child Support Obligation Defined
§48-1-208. Bureau for Child Support Enforcement Defined
§48-1-209. Bureau for Child Support Enforcement Attorney Defined
§48-1-210. Caretaker and Caretaking Functions Defined
§48-1-211. Chief Judge Defined
§48-1-213. Combined Adjusted Gross Income Defined
§48-1-214. Commissioner Defined
§48-1-215. Contingent Fee Agreement Defined
§48-1-217. Court of Competent Jurisdiction Defined
§48-1-218. Custodial Parent Defined
§48-1-219. Custodial Responsibility Defined
§48-1-220. Decision-Making Responsibility Defined
§48-1-222. Domestic Relations Action Defined
§48-1-225. Extraordinary Medical Expenses Defined
§48-1-226. Family Court Judge Defined
§48-1-227. Final Divorce or Final Annulment Order Defined
§48-1-228. Gross Income Defined
§48-1-229. Guardian of the Property of a Child Defined
§48-1-232. Legal Parent Defined
§48-1-233. Marital Property Defined
§48-1-233.1. Mediation Defined
§48-1-235.2. Parenting Functions Defined
§48-1-235.3. Parenting Plan Defined
§48-1-235.4. Permanent Parenting Plan Defined
§48-1-235.5. Rehabilitative Spousal Support Defined
§48-1-237. Separate Property Defined
§48-1-239. Shared Parenting Defined
§48-1-239a. Shared Legal Custody Defined
§48-1-239b. Sole Legal Custody Defined
§48-1-240. Source of Income Defined
§48-1-241. Split Physical Custody Defined
§48-1-241a. Shared Physical Custody Defined
§48-1-241b. Sole Physical Custody Defined
§48-1-242. Spousal Support Defined
§48-1-243. Spousal Support in Gross Defined
§48-1-245. Support Order Defined
§48-1-246. Unreimbursed Health Care Expenses Defined
§48-1-247. Work-Related Child Care Costs Defined
§48-1-301. Communications Between Clergy and Party
§48-1-302. Calculation of Interest
§48-1-303. Confidentiality of Domestic Relations Court Files
§48-1-304. Proceedings in Contempt
§48-1-305. Suit Money, Counsel Fees and Costs
§48-1-306. Proceeding for Release of Support Lien
§48-1-307. Collection of Child or Spousal Support by Collection Agencies