Dec32025
Family Law Q&A Series

How do I regain access to my case documents and court filings if I’ve been locked out or can’t see them online? – North Carolina

Short Answer

In a North Carolina family case, a party normally has the right to review the court file through the clerk of superior court, even if online access is limited or unavailable. If online access is blocked, the party can request in-person inspection or copies from the clerk, and, if necessary, file a motion asking the judge to clarify or restore access to specific records, subject to any confidentiality rules (such as in juvenile or abuse/neglect matters).

Understanding the Problem

The question is whether, in a North Carolina family law case, a parent involved in an ongoing dispute can regain access to case documents and court filings after being locked out of an online system or suddenly unable to see filings. The concern is how a party can see prior and recent filings, orders, and hearing records so that the case can move forward safely and fairly. The focus is on what steps North Carolina law allows to restore access to the court file, and what limits might apply in family and custody matters.

Apply the Law

North Carolina law treats most civil and family court records as public records kept by the clerk, with important exceptions for juvenile and certain confidential matters. The main rules give a broad right to inspect court records through the clerk’s office, authorize electronic access systems, and set procedures to assert a right of access if access is limited or the file is sealed. In custody and juvenile-related cases, special statutes strictly control who may see the file and how.

Key Requirements

  • Clerk record-keeping and public inspection: The clerk of superior court must maintain court files and indexes, and, unless a law says otherwise, those records are open to inspection during regular office hours.
  • Public records access process: A person denied access to a judicial record can assert a right of access by motion in the case, and may also have remedies under the public records laws for non-judicial records.
  • Confidential and juvenile protections: In juvenile abuse, neglect, dependency, or delinquency matters, and some related files, records are confidential; access is limited to listed people such as the child, parents, guardians, and their attorneys, or others allowed by court order.

What the Statutes Say

Analysis

Apply the Rule to the Facts: In an ongoing North Carolina custody or other Chapter 50 family case, the parent is a party, so the file maintained by the clerk should normally be available for inspection even if an eCourts or other online portal shows limited documents. If the matter includes any juvenile abuse/neglect or delinquency components, those files are confidential but the parent and the parent’s attorney are among the people allowed to review them. If a prior attorney’s withdrawal or any technical issue resulted in loss of online access, the parent can still request copies directly from the clerk and, if necessary, move the court under the access statute to clarify and enforce the right to see the file, subject to any sealing orders.

Process & Timing

  1. Who files: The party needing access. Where: In the existing family case in the District Court division through the clerk of superior court in the county where the case is pending. What: A written request to the clerk for file inspection or copies, and, if access is refused or unclear, a motion to assert a right of access under the civil access statute. When: As soon as access issues arise, especially before upcoming hearings.
  2. The clerk reviews the request, confirms the case number, and either provides in-person access or explains any limits based on confidentiality or sealing orders. If a motion is filed, the court sets a hearing, gives notice to all parties, and hears arguments on what portions of the file must be accessible to the moving party.
  3. The judge issues a written order stating what records must be open to the party, what must remain sealed or redacted, and any conditions on copying or sharing. The clerk then follows the order when providing ongoing access and copies.

Exceptions & Pitfalls

  • Juvenile abuse/neglect and delinquency files have strict confidentiality rules; access may be limited to parents, guardians, the child, and their attorneys, and may require a specific court order if any portion is sealed.
  • Assuming that lack of online access means the records do not exist can be misleading; some filings may appear only in the physical file or in a different electronic view used by the clerk’s office.
  • Failure to clearly identify the case number, party role, and the specific documents needed can delay responses from the clerk or the court.
  • Sharing confidential records (such as juvenile materials or documents with protected personal information) with third parties without a court order or redaction can create legal and safety problems.

Conclusion

In a North Carolina family case, a party generally has a right to review the court file maintained by the clerk, even if an online portal appears to block or limit access. That right is broad for ordinary civil family records but more restricted and controlled by statute for juvenile-related files. When access breaks down, the practical next step is to request file inspection or copies directly from the clerk and, if that does not resolve the issue, file a motion in the case asking the judge to define and enforce the party’s right of access.

Talk to a Family Law Attorney

If a family case in North Carolina involves missing, sealed, or inaccessible filings, our firm has experienced attorneys who can help clarify what records should be available and how to request them properly from the court. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.