Donate Child Support Calculator
Skip navigation

Internet forum postings as evidence in matter?

Add Topic
What are the guidelines for using internet forum postings as evidence in a Family Law matter?  Is it possible (if the poster's identity is obvious of course).
I think one of the issues would be, how do you know that someone else has not made the posting using someones name etc.

Yes they can

Internet postings were used as evidence in my FMC court matter.  It isn't hard for someone who knows what they are doing to get the proof that the internet postings came from a particular computer.

Subpoenas can be issued to any Australian based website to reveal user names, passwords and I.P addresses.  They were in my matter.

Also remember that Family Court matters are different from criminal matters in so far as how the court accepts evidence.  Quite often it is based on a "balance of probabilities".  Rather than the factual or actual proof that it did happen.

I hope that all makes sense.
Schultz said
I think one of the issues would be, how do you know that someone else has not made the posting using someones name etc.

By IP and email address tracking. For example you have used 2 IPs. If information about these was subpoenaed and you were the owner it would be a long shot to prove they were not from you.

Unfortunately many people make the mistake of revealing too much about their identities, location and case details.

Remember some IPs are static and some are dynamic and even these do not change as regularly as people sometimes believe.

There are no guidelines for the use of such material. If you can prove they are from 'xyz' and the material helps your case, it becomes normal evidence.

To avoid it you either post so vaguely that no one has a true understanding of your identity or join a private group which is not searchable and who will claim the information is privileged if they receive a subpoena.

SRL-Resources. the Family Law People on this site (look for the Avatars) www.srl-resources.org  Non gender Professional and peer support for SRLs. Closed site, no public forums, no search engines, no lurkers, guests or the other side and their Lawyer and Friends.

Thank you

Thank-you for your replies and the information.

I am surprised at how little regard some people have for their privacy on some internet forums.  Photo's, names etc and all searchable with one Google touch!
1 guest and 0 members have just viewed this.

Recent Tweets