Posted in Child Custody
Most people assume that everything said in a courtroom is written down somewhere. In California family law, that assumption has been wrong for a long time. A recent decision from the state’s highest court changes that for many litigants, and the practical effects are worth understanding before your next hearing.
What the Court Decided
On August 10, 2026, a unanimous California Supreme Court held that trial courts must provide an electronic recording of civil proceedings when no official court reporter is available and the litigant cannot afford to hire a private one. Chief Justice Patricia Guerrero wrote for the court. Her reasoning was plain: a verbatim record created by electronic recording is better than no record at all.
The case was brought by legal aid organizations representing low-income litigants, many of them survivors of domestic violence.
Why Family Law Feels This Most
Court reporters are assigned by priority. Felony criminal matters go first. Family law, probate, and general civil matters are left to compete for whoever remains, and on a busy calendar that often means no one.
The numbers are significant. Since 2023, the court reporter shortage has left more than three million proceedings without a written transcript, according to the Judicial Branch of California.
The Record Is What an Appeal Is Built On
An appeal is not a second trial. It is a review of what happened the first time. Without a word-for-word record, an appellate court has very little to review, and arguing that a judge misapplied the law becomes close to impossible.
That is the quiet harm in an unreported hearing. The ruling may have been wrong. There is simply no way to demonstrate it.
Custody Orders Follow Families for Years
Custody and support hearings are exactly the kind of proceeding that has gone unreported. More than two-thirds of California family law and probate cases between 2023 and 2026 were heard without a reporter present.
A Venice, CA child custody lawyer will often plan around this problem well in advance, because an order entered today can shape a parenting schedule for a decade.
What the Decision Does Not Change
The ruling is meaningful, but it is narrower than some early coverage suggested. These are a few points worth holding onto:
- Courts may still assign a certified reporter when one is available, and many will continue to do so.
- Parties who can afford a private reporter are generally still expected to arrange one.
- A recording is not automatic. The opinion frames the obligation as arising on request.
- An audio recording still must be transcribed before it becomes useful on appeal.
We expect individual counties to issue their own procedures over the coming months. Practice will vary from courthouse to courthouse for a while.
Preparing for a Hearing Under the New Rule
Ask early whether a reporter will be present. If the answer is no, and hiring one privately is not realistic, the request for a recording should be made on the record and in advance rather than in the middle of testimony. Judges appreciate the notice, and it protects you.
Keep your own notes as well. They are not a substitute for a transcript, but they help your attorney reconstruct what was said if a dispute arises later.
A Venice child custody lawyer should be raising these questions before the hearing date, not after an unfavorable ruling has already been entered.
If you have a custody, support, or restraining order matter on calendar and you are unsure whether your hearing will be documented, Skarin Law Group can review your situation and help you take the right procedural steps to preserve your record.
