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  • How long to keep court records?

    I was hoping someone could help me. I have about 16 boxes full of material from my prior lawyer (trial records, affidavits, transcripts etc). My case was settled about 3 years ago but there is a good chance we'll be back in court sometime in the future.
    Question is - do I need to keep all these documents? Or can they be shredded now.
    Thanks for any advice!

  • #2
    I would keep them. Or at least the material that is relevant to a potential change that would come up.

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    • #3
      Thanks, appreciate the advice!

      Comment


      • #4
        Family Court NEVER ends especially if it was that litigious. Keep them forever that way you sleep with the peace of mind that you didn't accidentally get rid of something important.

        If electronic records work then do that if you need the space, store a verifiable dated copy online (or with a lawyer) and make multiple copies (on m-disc) and put them at different secured residences.

        You might be a person that worries, if you are then you can't totally get rid of them. Of course if they are damning against you (and untrue/unfair) and there is only one record of that lose them I suppose.

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        • #5
          Perhaps you can scan them (which will take a very long time if you have that many documents) and keep them electronically. I'd keep them until child gets old enough and the case is over.

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          • #6
            Originally posted by Brampton33 View Post
            Perhaps I am being na�ve, but when my litigation ended, I thought that was it.

            The application was filed back in the day and received a court file #. There was a continuing record. I have binders associated with numerous settlement conferences, however those were all done on a without prejudice basis and given back to me at the end. A have a Final Order on consent after years of negotiation and countless settlement conferences.

            Having a Final Order, why would I need to keep all the crap from years ago? The matter has been dealt with. If for some reason one of us were dumb enough to re-enter the realm of family court, wouldn't all the materials from the past be moot or obsolete?
            Final order is never final. Family court cases never end until children are no longer children and self sufficient. Today you think it's done and over with but surprisingly you can find yourself back in court at any time. Some of the old documents may be important and needed. They don't ask you for food. Just keep them until it really is over.

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            • #7
              Originally posted by Brampton33 View Post
              Most will tell you that a Final Order, made on consent, is next to impossible to change unless there is a significant material change in circumstance. That is what keeps people true to their word on a negotiated settlement. Unless one parent moves to Brazil, or becomes homeless, or something outrageous occurs whereby the order must be changed, judges tend not to touch final orders made on consent, unless both parents agree to further changes to such order.

              FYI- the bar to prove a material change in circumstance is high. Very high. More than people tend to appreciate. Otherwise high conflict people who don't like the final order would be constantly in court trying to unravel an already agreed-upon settlement.
              I am not here to convince you. Looks like you've already made your decision so proceed with it then. No need to ask if you should or should not keep your records.

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              • #8
                I scanned everything, kept paper copies of the orders and endorsements (they will be needed for passport applications. shredded the rest i.e. motion & conference materials etc.

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                • #9
                  Good suggestion, thanks!

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                  • #10
                    In my case I will have to keep all the documentation for my children when my STBX passes away so that they have ammunition to sue his estate. He is missing a large chunk of his brain (literally) and requires 24/7 care which he refuses. Unfortunately his relatives talked him into leaving all of his assets to ThEIR children instead of our children. He put all of his assets in his relative’s names. My lawyer has said that by doing this he has guaranteed litigation between our children and his distant relatives after his death. I have all the court documentation from his personal injury lawsuit including medical and psychological reports, police records and of course all of our family court documentation in which he fights tooth and nail for unsupervised access then disappears off the planet for a few years then returns fighting tooth and nail for unsupervised access again. He has not made any arrangements for child support and s7 in case of his death. It’s a huge stinking mess. He also has no insight that the children remember he assaulted them ( they were present…duh), they are angry he never took responsibility and later when they are adults they will find out he disowned them and gave all his assets to his distant relatives children. The kids need the litigation records for when they sue his estate.

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                    • #11
                      Originally posted by Stillbreathing View Post
                      In my case I will have to keep all the documentation for my children when my STBX passes away so that they have ammunition to sue his estate. He is missing a large chunk of his brain (literally) and requires 24/7 care which he refuses. Unfortunately his relatives talked him into leaving all of his assets to ThEIR children instead of our children. He put all of his assets in his relative’s names. My lawyer has said that by doing this he has guaranteed litigation between our children and his distant relatives after his death. I have all the court documentation from his personal injury lawsuit including medical and psychological reports, police records and of course all of our family court documentation in which he fights tooth and nail for unsupervised access then disappears off the planet for a few years then returns fighting tooth and nail for unsupervised access again. He has not made any arrangements for child support and s7 in case of his death. It’s a huge stinking mess. He also has no insight that the children remember he assaulted them ( they were present…duh), they are angry he never took responsibility and later when they are adults they will find out he disowned them and gave all his assets to his distant relatives children. The kids need the litigation records for when they sue his estate.

                      And how do you know they will sue his estate? What one does with their money and assets while they are alive is completely up to them. It’s absolutely disgusting that people fight over money and assets when parents pass away. No parent is obligated to leave anything to their adult children. Children are not automatically entitled to their parents money or assets.

                      Whatever has happened with you and your ex and the battle you have with him is between you guys. Encouraging to her children to continue your litigation isn’t healthy for anyone. If he isn’t in their lives now, they know he’s toxic, why encourage them to waste more years of their life in litigation? Especially over money and assets that haven’t even been left to them?


                      Sent from my iPhone using Tapatalk

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                      • #12
                        Because he’s brain injured they would have a case. Especially if he’s in arrears for support.

                        Overall though, as we learned from our estate lawyer, if someone is of right mind and the kids have cut them off, a divorced parent can cut them out of the will. I was cut out of my parent’s will but they changed their mind at the end. I would have lost my share. My husband has left his kids out of his will and the lawyer said he is allowed to do that. They could still fight me for it but it would be a lost cause for them as they have written him they don’t want anything to do with him.

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                        • #13
                          According to my lawyer, excluding your children from your will is possible but not automatic just because you put it your will. The courts consider your children to be your legal and rightful heirs. If you want to exclude them you need to provide a reason in your will and it better be a good one or the courts have the authority to make them the beneficiaries once more. My lawyer also said that because the court considers your children to be the legal, moral and ethical heirs of your estate, should they choose to challenge the will because they were left out, the estate is obligated to pay their legal fees.

                          There is case law where judges have put children left out of the will back in.

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                          • #14
                            Originally posted by Stillbreathing View Post
                            According to my lawyer, excluding your children from your will is possible but not automatic just because you put it your will. The courts consider your children to be your legal and rightful heirs. If you want to exclude them you need to provide a reason in your will and it better be a good one or the courts have the authority to make them the beneficiaries once more. My lawyer also said that because the court considers your children to be the legal, moral and ethical heirs of your estate, should they choose to challenge the will because they were left out, the estate is obligated to pay their legal fees.

                            There is case law where judges have put children left out of the will back in.

                            I wouldn’t trust what you family lawyer says. Ours said estate law differs from family law and with recent changes he could not comment with certainty. Our estate lawyer told us that they could be written out especially if they have no had a relationship with him. In my parent’s will it clearly said I was estranged which was I was written out. Our estate lawyer suggested leaving something to any possible grandchildren as a way around any “emotional” aspect of it but said that the courts are now recognizing kids who don’t want anything to do with their parents expecting a windfall. If my husband were to die, the insurance would cover the remaining (very small) support.

                            I wouldn’t trust a family lawyer to be an expert in estate law. I’ve done some research myself and have worked in an estates law section of a major firm. Exerts in one field are not necessarily experts in another. Your ex’s estate would have to pay their own legal fees too which would leave a lot less money.

                            I’m not saying I’m right, I’m saying you may want to check with an estate lawyer if you end up back in court for a final end to the ongoing litigation. You may be able to have wording put in about designating them as heirs but it may not hold up in estates court.

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                            • #15
                              There is a difference between being dragged back into court and if other party will actually be successful in getting a final order changed. If your dragged back into court you will still need to go through all the hassle of responding and needing all your records or papers to refer back to. Regardless if the case goes nowhere and for this reason I would keep every shred of paper. We hoard so much stuff, get rid of other junk and keep your documents.

                              Comment

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