Protecting Children’s Privacy in Family Law Cases: Kirby v. Woods, 2025 ONCA 437

By Brooke Thompson 

Protecting Children’s Privacy in Family Law Cases: Kirby v. Woods, 2025 ONCA 437

In a recent decision, the Ontario Court of Appeal revisited the delicate balance between open courts and protecting the privacy of children involved in family law litigation.

In Kirby v. Woods (a name that was randomly generated), the Court heard an appeal of a Superior Court decision that a child should be returned to her habitual residence. Adding another layer to this case was the fact that the child had already been granted refugee status by the Immigration and Refugee Board of Canada prior to the Superior Court’s decision.

During the appeal, Parent 1 sought initialization, prohibiting the publication of any information that would identify the parents and/or the child, and sealing any documents arising under the Immigration and Refugee Protection Act (“IRPA”). Parent 2 agreed only to limited protections, such as initializing the file and a ban on publishing information identifying the child.

In its decision, the Court of Appeal emphasized the long-standing principle—recognized by the Supreme Court of Canada in R. v. Jarvis, 2019 SCC 10—that children’s privacy interests warrant enhanced protection, even beyond that afforded to similarly situated adults.

  1. The Court of Appeal ultimately ordered:
  2. Anonymization of the names of the parties, the child, and members of the child’s family;
  3. A publication ban on any information that could identify the parties or the child;
  4. Sealing of all documents prepared under the IRPA; and
  5. That any request for access to the remaining court record be made on notice to the parties, in accordance with Rule 1.3 of the Family Law Rules.

This case reinforces the importance of safeguarding the identities of children in family law proceedings Read the full decision here