What are Arkansas Family Court Records?

Family court records consist of all formal information (written or otherwise) of proceedings, payments, processes, judgments, warrants, and legally recognized evidence of cases handled by the family court. They are a subcategory of Arkansas court records encompassing various kinds of information and documents relevant to family law matters, such as petitions, orders, and motions. They contain official data related to family law proceedings, ensuring that each court case is properly documented. In Arkansas, family court records are the court's official documents containing the processes and proceedings of cases arising from domestic relations and family matters as handled by the Arkansas Circuit Courts. They comprise case information and activities, dockets, case files, and judgments associated with family law and related cases in Arkansas. Please note that the information in family court records may not always be current due to processing times or updates. Arkansas Family Court Records are generally accessible to the public except for those containing sensitive or confidential information or sealed by court order.

What is a Family Court in Arkansas?

The Arkansas judicial system has no independent family courts. Instead, the state Circuit Courts handle cases regarding Arkansas Family Law. The term used for family court cases in Arkansas is Domestic Relations (usually coded DR). As of 2020, Arkansas had over 128 circuit courts located throughout the state, and the Family Court Records they generate include those pertaining to child custody, alimony, and separation, as well as Arkansas marriage records and Arkansas divorce records. These records typically contain the parties' personal information, and the court clerk is responsible for managing and providing access to family court records. Consequently, marriage and divorce records may not be available through remotely accessible government databases or third-party public record websites.

What Cases Are Heard by Family Courts?

Generally, the jurisdiction of the family court extends to family law cases such as:

• Divorce
• Paternal rights
• Child custody and child support
• Domestic violence
• Dependency
• Juvenile cases and other matters relating to family interactions.

How to Serve Family Court Papers in Arkansas

The party initiating the legal action must file a complaint against the defendant in court. The court will then respond to the filed complaint with an official summons of the defendant to the court. The court does this by serving papers through a process server. A process server is designated by the court to serve papers to the defendant, usually a sheriff appointed from the sheriff's office or other designated persons by the state court; such persons must be 18 years old and citizens of the United States.

Process servers usually deliver court papers directly to the defendant by hand. Where this is not possible, papers are handed to persons at least 14 years old at the defendant's residence or transferred to an individual permitted by the service of process in Arkansas.

Where the defendant proves difficult to reach or intentionally evades summons, a copy of the legal documents is mailed to the defendant through restricted delivery. Where this fails, or mail is not possible, the filing party is permitted to publish a warning order in the newspaper in the circulation of the filing county for two weeks. If the service of papers fails after this, a default judgment is made against the defendant in court.

What is the Contempt of Court in Family Law in Arkansas?

A party is charged with contempt of court in a family law case when they act in a manner that defies court authority or impedes the legal process. Contempt could be criminal or civil, each of which may be direct or indirect. A case of direct criminal contempt usually involves disorderly behavior in the judge's presence, while indirect criminal contempt may or may not be during the court hearing but is suggestive of criminal intent, such as exhibition of resistance to court orders or actions that disrupt court proceedings. On the other hand, civil contempt (often indirect) refers to the failure to adhere to court orders such as child/spousal support, attorney fees, and child-visitation arrangements, among others. Arkansas state courts have an inherent authority to punish contempt of court. Penalties range from ordering the party to pay for court costs and court sanctions (lifted as soon as court orders are obeyed in civil contempt) to fines and jail terms (as in criminal contempt).

Are Family Court Records Public in Arkansas?

Yes, family court records in Arkansas are accessible to the public, in keeping with the state judiciary's commitment to transparency in court processes. However, there are several exceptions to this rule:

• Members of the public do not have access to court records that have been sealed or rendered confidential by court order. This order could be issued at the court's discretion to protect the defendant's rights in certain situations. The parties involved (for privacy reasons approved by the court) may also request to seal family court records. Individuals can request the redaction or sealing of sensitive personal information from public records to protect their privacy.
• Access to family court records is also prevented for cases of discharge and acquittal, especially where the original charges against the defendant were criminally inclined. Such documents may be sealed or completely expunged from the records.

Family records excluded from public access can be requested in writing to the Administrative Office of Courts, stating reasons for suspending the order. Upon receipt of the request, the court holds a hearing within 30 days to determine its merit. If approved, the requester is granted access to the court records in question.

Custody papers are also kept confidential, which is in agreement with the United States Supreme Court's position on juvenile and custody matters. Only persons involved in the case are permitted to access the records.

Please note that trial exhibits and transcript source materials are made accessible only by the court's discretion.

Are Arkansas Divorce Records Sealed or Public Records?

Arkansas divorce records are considered vital and available to members of the public, except those sealed by court order. Requestors must present a valid photo ID and phone number before processing their record request. The time required to process and deliver divorce records may vary depending on the volume of requests and the request method. For persons not part of the immediate family, a signed release permit by a "person of record" (a court staff member who is officially provided with review updates of case records) must be obtained to retrieve copies.

Are Child Custody Records Public in Arkansas?

Child custody records are typically public in Arkansas, provided they are part of circuit court proceedings. However, courts prioritize the protection of minors and are generally inclined to seal or exclude sensitive files and juvenile-related records from public view.

How Do I Find Divorce Records in Arkansas?

In Arkansas, searching for divorce records can be done through various methods, including online databases and in-person requests. Divorce records can be obtained in one of several ways:

• Online: Copy requests can be made online at the courthouse where the record was created. Searching by case number or party name is often available, and some systems may offer advanced search features such as 'soundex' for phonetic matching. Requests are usually processed within a maximum of 14 business days from the date of approval, and where requested, copies can be shipped to the requester for a fee.
• By mail: Completed request forms along with a cheque/ money order, and approved photo identification can be mailed to the Vital Records Unit of the Arkansas Department of Health. The processing period, including mail delivery, usually lasts about 2 weeks.
• In-Person: Where the inquirer requests copies of divorce records in person, they may be obtained the same day, provided they satisfy all fee and identification requirements. Searching for records at the courthouse may involve providing details such as the case number or party names.
• By Phone: Copies of divorce records may be ordered directly by calling a toll-free number, and fees and shipping charges may be paid using debit or credit cards.

How to Access Family Law Cases in Arkansas

In Arkansas, two systems of court record management are used. The first is an electronic database, which includes information on cases using the Contexte Case Management System. This system stores official data related to family law cases. The website provides information on family law cases using the name of a person in the case or the case number as a search phrase. Other search terms can be used, such as docket filings by date, case filings by date, and judgments against the defendant. As of 2020, only 58 circuit courts, 14 county-district courts, the Court of Appeal, and the Supreme Court offer full case information.

The second is the on-site access, i.e., the inquirer walks into the local courthouse to request to look up cases. Publicly accessible court records are available at the courthouses during regular business hours established by each county circuit court. The request must be made directly at the Administrative Office of Courts of Records. As of 2020, only 40 circuit courts and six county district courts give thorough information, most dating back several years.

Accessible information from these sources includes the identities of the parties involved, the lawyers on the case, the name of the judge, the filings for the case, charges, sentences, and future decisions. It is usually in the form of a case index or case image of the actual records. Access to case images typically comes at a small fee; case indexes may or may not be free to use.

How to Request Family Court Records in Arkansas

Although Family Court Records are accessible in Arkansas, not all can be provided to the public or duplicated. Access is restricted to the case index number and case image of the records. Only family court records archived in the vital records unit of the Arkansas Department of Health can be copied. To obtain copies of family court records, a request is made to the unit by online access, mail delivery, telephone, or in-person (see "How do I find Divorce Records in Arkansas?"). All requests for copies are processed at a fee.

Requestors should carefully follow the specific instructions provided by the vital records unit or the court's website to ensure their request for family court records is completed correctly.

Additionally, publicly available records are accessible from some third-party websites. These websites offer the benefit of not being limited by geographical record availability and can serve as a starting point when researching specific or multiple records. To find a record using the search engines on these sites, interested parties must provide:

• The name of someone involved, provided it is not a juvenile.
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites; record availability may differ from official channels.

Both government websites and organizations may offer divorce and marriage records. Similarly, third-party public record websites can also provide these types of records. However, because third-party organizations are not operated or sponsored by the government, record availability may vary. Further, marriage and divorce records are considered highly private and are often sealed, meaning the availability of these types of records cannot be guaranteed.