In Re Marriage of Candiotti

Debra Candiotti appeals from an order, in a family law custody and visitation proceeding, restraining her from disseminating information to third parties about the background of her ex-husband Thomas’s present wife, Donna. The order spoke both to information obtained during discovery and to information independently acquired. We conclude, under the circumstances of this case, the portion of the order restricting Debra from disseminating information independently obtained violates her free speech rights under the California Constitution. We therefore reverse that portion of the order and otherwise affirm.

Facts and Procedure

Debra and Thomas dissolved their marriage after having two children together. Following the dissolution, the court retained jurisdiction over custody and visitation issues. Thomas subsequently married his present wife, Donna, who was joined as a party so that certain restraining orders would be applicable to her, as well as to Debra and Thomas.

The following year, the parties stipulated in lieu of a hearing to the children’s Christmas vacation schedule and to certain practices to be followed when driving with the children.

Prior to the stipulation,…