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How can judges use text messages in court?

In some cases, judges are able to use text messages as evidence in family law proceedings. Here are some commonly used ways that judges will consider text messages:

  • To determine the nature of the parents relationship
  • To determine the type of relationship between a parents and a child
  • To determine how much credibility to assign to one spouse or another
  • To determine the views of a parent on a variety of issues
  • As evidence of anything discussed in the text message
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Can I log on to my spouse’s email to find evidence?

It may be tempting to use your spouse’s emails against them, but it is not advisable. This is especially important if you and your spouse are going through legal action such as a separation or divorce. Your spouse may have communications with their lawyer through email, and to read them would be to violate solicitor-client privilege. The court does not look kindly on those who violate their spouse’s privacy in order to further their own claims in litigation, and may even order costs against you for misconduct.

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เล่นสล็อตออนไลน์บนมือถือMy partner says they are going to use our text messages as evidence, but I do not consent to this. Can the text messages still be used as evidence?

Text messages are often used in family court, and can be used as evidence towards custody and access. However, where the text messages have been used without permission, judges have split on whether or not they should be admissible. A judge’s analysis of admissibility generally turns on “probative value vs. prejudicial effect.” In other words, judges will determine if the usefulness of this evidence will outweigh the harm it may cause one of the parties. “Usefulness” is associated with the best interests of the child.

Unfortunately, it is impossible to know... MORE »

Can I use text messages as evidence in court?

Much to some judges’ disdain, text messages are often used in court. The use of text messages can either act to your benefit, or your downfall. Sometimes they can be of great assistance as proof of claims made by spouses in family court, but they often showcase poor communication and disrespect between the spouses.

As such, it is very important to remain respectful and polite with your spouse during your separation or divorce. A quickly sent text message in the heat of the moment may reflect poorly on you later during... MORE »

Can my ex use private text messages between myself and my current partner as evidence in family court against me to get access to my child, even though she did not have my permission to do so?

Text messages are often used in family court, and can be used as evidence towards custody and access. However, where the text messages have been used without permission, judges have split on whether or not they should be admissible. A judge’s analysis of admissibility generally turns on “probative value vs. prejudicial effect.” In other words, judges will determine if the usefulness of this evidence will outweigh the harm it may cause one of the parties. “Usefulness” is associated with the best interests of the child. Unfortunately, it is impossible to... MORE »