Smith v. Smith

In this case, appellant Shaun Tyler Smith and respondent Tiffany Smith accuse each other of drug addiction and abuse of the judicial, process in an ongoing fight for custody of their son. Shaun 1 appeals from two orders.

Shaun appeals from an order refusing to destroy certain family court records that contain references to his juvenile records, and redacting any *1077 references to his juvenile records in the reports that were prepared to assist the family court in determining custody; a mediation report, a substance abuse evaluation, and a child custody evaluation (collectively, the reports). Shaun contends the authors of the reports acted unlawfully in accessing his prior juvenile records, especially in light of a San Mateo County Superior Court (juvenile court) order to seal his juvenile records. He further argues that the family court’s consideration of these “tainted” documents undermines his “fundamental right to raise and protect” his minor son. Thus, Shaun urges us to conclude that the family court was required to order the destruction of every report in the present case that referred to the San Mateo County juvenile records.

Shaun also appeals from a temporary…