USA – FLORIDA Law and Practice Contributed by: Elisha D. Roy, Sasser, Cestero & Roy
3.5 Media Access and Transparency The courts have decided that not all dissolu - tion of marriage cases involving children have an absolute right to privacy. Barron v Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988). Pursuant to Florida Family Law Rules of Proce - dure Rule 12.012 pleadings and documents shall comply with court rules to minimise the filing of sensitive information. Rule 2.425 Fla. Rules of Gen. Prac. and Jud. Admin requires minors to be identified by their initials and not full legal names in court filings. However, there is an exception in court orders relating to parental responsibil - ity, timesharing or child support where children’s names may be used. Florida allows for the deter - mination of confidentiality and sealing of court files in family law cases. Florida Rule of General Practice and Judicial Administration 2.420.
Collaborative Law Process. §§ 61.55-61.58, Fla. Stat. established the Collaborative Law Process in Florida, which allows parties to settle their cases via a collaborative contract. Each party has a lawyer, and the lawyer and the parties contract to this confidential process of resolu - tion. Joint experts, in both financial and mental health, can be involved to help the parties find creative resolution to their divorce without any litigation. However, if the collaborative process is unsuccessful, the parties must hire new lawyers, start the process over from the beginning and hold all things discovered during the collabo - rative process confidential. The Collaborative Law Process is very successful in certain parts of Florida and less so in others.
382 CHAMBERS.COM
Powered by FlippingBook