Donate Child Support Calculator
Skip navigation

"Stolen" information - is it admissable as evidence?

Ex magaged to access my mobile phone texts

During handover a couple of weeks ago it seems I dropped my mobile phone at my ex's house.  As soon as I realised, I rang and asked, and he said the phone wasn't there.  I asked him to turn it off immediately if it did turn up.  A bit later he rang to tell me he found my phone.  I again asked him to turn it off, but he said it had "hung" and wasn't working.  Turns out he downloaded my messaging files, and the phone crashed in the process.  When I got it back and reset it, there was still a connectivity setting for his computer listed.

I'm not worried about anything I texted to him (we text regularly to save from talk directly about parenting matters, and I always kept it clean). But I have vented wildly to my friends occassionally, and discussed case matters in ways that were private.

Now my ex is angry with me and being difficult.  And he is gloating how he'll use my texts as evidence.

Can he use evidence he got improperly (to my mind anyway)?  Can I object?  What other things could be done?

And finally, what other things could be considered stolen, inadmissable or improperly acquired? [Edit: I'm wondering about things like downloading financial accounts, taking mail, hacking email accounts, that sort of stuff.]

Thanks all.  ;D

Last edit: by schmidty

Is you venting to your friends relevant to any current proceedings that you are a party to?

If the ex has a lawyer, they will only want to use relevant information that will assist their case. Lawyers have no emotional investment in their clients cases so your texts are of no value to them.

The ex can only possibly use the texts if they are relevant. Waht do you think he can prove with them, that you are frustrated with negotiating with him? Thats not illegal.
In Family Law the answer is 'yes' and 'no'. Try to argue it out but be prepared for it to be allowed. The Evidence Act is not something that gets a lot of reading time in the Family Courts.

Executive Member of SRL-Resources, the Family Law People on the site (Look for the Avatars).   Be mindful what you post in the public areas. 
Thank you BDouble and monteverdi - and thank you for the warning about relying on the Evidence Act.

There was plenty of emotional sms-venting to my friends (not my ex).  But a little bit of it was directly case-related - driven by the mood of the moment, rather than committed decisions.  So my "Venting" was not the same as "Acting".  But still, it is there in text.

On above advice, is it fair to assume:

i. Don't worry about where I've been upset and whiney to my friends only;

ii. Be prepared to explain myself with proof and/or reasons about any other stuff that my ex has latched onto.

Thx again.

Edit to clarify: Our property settlement is still in progress.  I'm sad the ex saw my emotional venting because it wasn't intended for his eyes, and has definitely hurt his feelings and made our communications more difficult.  The case-specific issues are:

i) I hocked some stuff and he tapped my smses before I finalised my disclosure documents.

ii) The ex told me he was buying new gear to reduce our asset pool rather than reclaiming the gear he left with me.  In a fit of pique I offered to gift some things to a friend via text.  I didn't follow through, but it's there in text.

iii) A good friend offered to "charity"-pay me for some babysitting in an sms convo. I refused payment and was not paid, but the ex claims the text is proof I'm working.  Ergo, per ex, no cooperation on financial support, plus downward revision of property settlement offer.  I'm a SAHM and not otherwise working at all, not even cash-in-hand from mates.

Those are the issues he's raised with me.  Thx again.

Last edit: by schmidty

1 guest and 0 members have just viewed this.

Recent Tweets