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Invasion of privacy, iphone

Hello everyone.

  I need some advice on a complex matter pursuant to my case, Final trial set in one month for care of our 4 year old daughter.
In my opinion the evidence  supporting these  incidents is quite apparent to me as I was a target victim in my ex partners plan.

  In Sep 2013 My partner, daughter and I were living together in a 2 bedroom unit. Around Feb 2014 my partners sister upgraded from an iphone 4 to an iphone 5s, she gave her old phone to my partner but her sim card was not the right size and it sat at our house for 2 months unused. We later realized that my sim would fit it and I gave  my phone to my partner and started using the iphone. Her sister Apple ID and password were still attached to the phone, and find my phone was turned on in the settings. Her sister provided us with the password and I used the phone for 10  months.

  Around Dec 2014 the mother started sending me messages containing delicate matters involving our daughter, injuries to her and neglect and other strange messages. 3 to 4 weeks later the mother refuses to return home with our daughter, they were staying with her sister. I started receiving text messages from my partner to get her some illegal items or I will never see our daughter, approximately 10 a day. Consequently I got an IVO order on the 13th Jan mother is not to commit family violence, I varied the order on the 27th Jan not to contact me saved by matters of our child. I stated on the app I had been receiving messages of a threatening manner from my partner. My partner  was served on the 22nd Jan.

The next day all the mothers messages to me were deleted from my phone. I contacted apple and they instructed me on how to retrieve the messages, in doing so it retrieved old messages between my partner and her sister and detailed their illegal activities our daughter was subjected to while in their care. I reported this to police. The next day I took a short video of things I had packed for our daughter to take them to her, 10 mins later I got a text from my partner asking where are her things I asked for hours ago??

I contacted apple again and they explained who ever icloud acc is attached to the phone they can remote swipe any information from the phone. The can track the phone using find my phone and any pics or video s are automatically uploaded to that icloud acc. They told me to switch to airplane mode or turn off is the only way to prevent this.

Important emails to and form my lawyer and DHS were also deleted.

The phone has been turned off for over a year but still contains incriminating evidence perpetuated by my partner and her sister.
 I am well aware this is off topic in relation to my child but I feel if this can be understood,  everything else in my case makes sense and fall into place.

What to do?

                                                            
                           Regards Jaspervine



 
Nothing you can do is the simple answer… never keep sensitive material on someone elses phone unless you have backed it up somewhere else 

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Hi
 Should I include this in my trial affidavit?
 
jaspervine said
Hi
 Should I include this in my trial affidavit?
 

Include what exactly.. Do you have a strong case without needing to include this stuff? You say a DVO was granted for you. Was this stuff mentioned during that hearing?

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
No it took me a while to reach this conclusion.
 
Well you can use anything you want in an affidavit but anything you use without having evidence to back it up is, in my opinion, pretty useless unless you get really lucky and as you are probably never ever going to get your hands on the phone you probably wont ever have the evidence. What about your ISP webmail? would they still be sitting on the server? have you tried that?

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Hi
  Thank you for you input I sincerely am grateful. Im sorry i might not have explained myself. I have the phone it has always been in my possession. I just can not use it as it still has sisters apple ID and password attached.
jaspervine said
Hi
  Thank you for you input I sincerely am grateful. Im sorry i might not have explained myself. I have the phone it has always been in my possession. I just can not use it as it still has sisters apple ID and password attached.

Thats basically the same as her having it, if you use a different id you wont be able to access the stuff.. moral of this is get an android phone and you have no such problems!!!! Also back up of sms messages is soooooooooooo much easier

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
Hi Jaspervine - After reading this lot I still can't see why the Family Court would take your daughter from her mother and give you sole care.
Hi Fairgo
I do realise that, but it might help in relation our affidavits being polar opposites. The mother informed centrelink that we have not lived together for 3 years, also that my percentage of care for our daughter has been less than 5% since she was born. The mother has included the same in her affidavit. The messages I have disprove those claims,  the FM has not much else to go on other than my word and my partners. please tell me if this is relevant.

                                     Regards Jaspervine.

                                                                                                                                      
jaspervine said
Hi Fairgo
I do realise that, but it might help in relation our affidavits being polar opposites. The mother informed centrelink that we have not lived together for 3 years, also that my percentage of care for our daughter has been less than 5% since she was born. The mother has included the same in her affidavit. The messages I have disprove those claims,  the FM has not much else to go on other than my word and my partners. please tell me if this is relevant.
Ask yourself this.. What does the past matter when you are trying to make plans for the FUTURE??? What are you saying about the future? what does the family report say about the future? These are the things you should be focusing on not "well i had x so now i should still have x"

What common ground do you have? have you identified this?. what do you agree on? Have you mentioned this?
 

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
There are always different versions of the truth and the court will have to decide what the truth shall be before making any decision and it may not be either yours of the mothers truth. From what you have said you have seen little of your daughter for the last 12 months. The child appears to have extended family support from her mothers side and we are not sure what you can offer. If both you and the mother are seeking sole care then one of you will lose and it will be you. If you were to seek shared care / parental responsibility then you are giving the court something to work on, even if the mother is seeking sole care. As The Wolf says - the court will then be able to look at the common ground and see if it is viable for both the mother and father to have a significant part in their child's development. They are also interested in the the future and will want to know about schooling, holidays etc…. that include your daughter having a viable relationship with both parents. As I said before the court is only interested in the past in assessing the parties conduct and how they dealt with issues in their life and not so much the issues themselves unless they are not in the child's best interest for the future. If you don't do as The Wolf says you will be at the mercy of the orders sought by the mother.
The Wolf said
Ask yourself this.. What does the past matter when you are trying to make plans for the FUTURE??? What are you saying about the future? what does the family report say about the future? These are the things you should be focusing on not well i had x so now i should still have x

What common ground do you have? have you identified this?. what do you agree on? Have you mentioned this?  
Wolf, ask yourself this………why should a dad have to shut his mouth ,bend over for an ex he wants to part company with AND silently concur with her false portrayal of a past history that not only serves to paint her in a saintly image,but also plays into her overall strategic game-plan of limiting the dad's future involvement with THEIR child.

Shouldn't the judge whom is making a life affecting decision for an innocent child be presented with the FULL and TRUE version of the unavoidable history once shared.I can relate with the original poster & can state from experience there is enough gender bias in some courtrooms involving some judges & found your insensitive remarks to my similar themed questioning quite ignorant,arrogant & off putting to be blunt.

Is it too much for a man to expect that being as the matter is being heard in a court of law,any claims made by a party should simply be corroborated with evidence?

Since when does presenting factual proof to scuttle an ex's false claims & further exposing her suspect credibility & questionable character proven by her willingness to perjure sworn affidavits,become irrelevant?
You wouldn't be a lawyer by any chance  ????

Good luck original poster,I'd suggest only not to focus your entire case around these facts but damn straight present the true & correct history & if so be sure to inform court you wish it weren't needed but unfortunately this is the undeniable facts & you only seek court be aware of all facts .
Good luck……..you will sadly undoubtedly need it.
jaspervine said

…… I started receiving text messages from my partner to get her some illegal items or I will never see our daughter, approximately 10 a day. Consequently I got an IVO order on the 13th Jan mother is not to commit family violence, I varied the order on the 27th Jan not to contact me saved by matters of our child. I stated on the app I had been receiving messages of a threatening manner from my partner. My partner  was served on the 22nd Jan.

The next day all the mothers messages to me were deleted from my phone. I contacted apple and they instructed me on how to retrieve the messages, in doing so it retrieved old messages between my partner and her sister and detailed their illegal activities our daughter was subjected to while in their care.

I reported this to police.
Are you saying that no messages were actually taken off the phone at this stage? What did you report to the Police as you would have had to shown or given some substance to them to get an Intervention Order…? What I am asking is did you show them anything or did they take down any of the SMS messages that you say are relating to 'illegal activities'
jaspervine said
The next day I took a short video of things I had packed for our daughter to take them to her, 10 mins later I got a text from my partner asking where are her things I asked for hours ago??
Why did you take a video of things going with your daughter? Was it because the mother asked for them and you thought they would never come back? I am quite unclear about why you then got a text from the mother asking where they were at that stage.

Why were you still using a phone that was locked to your ex's sister at this stage even after someone, presumably the sister had deleted the messages…
jaspervine said
I contacted apple again and they explained who ever icloud acc is attached to the phone they can remote swipe any information from the phone. The can track the phone using find my phone and any pics or video s are automatically uploaded to that icloud acc. They told me to switch to airplane mode or turn off is the only way to prevent this.

Important emails to and form my lawyer and DHS were also deleted.

The phone has been turned off for over a year but still contains incriminating evidence perpetuated by my partner and her sister.
I thought you have said all the data was wiped? What evidence is still on the phone? How did you still retain the phone when it is not yours? How are you getting what data you have OFF the phone? Apple data is kept both on the device AND a backup in the cloud against the REGISTERED OWNER profile. IF you do not remote sync the phone the data should remain on the phone and be deleted in the icloud…Certainly next time you get a mobile device get an Android as they not only have easy to use software to take sms messages off a phone, they also have a shadow backup copy you can get data off. Others here have said the same already. If you do get a new Apple make sure you are the only person who uses it and don't give out your password to iCloud
jaspervine said
 I am well aware this is off topic in relation to my child but I feel if this can be understood,  everything else in my case makes sense and fall into place.

What to do?
Well firstly anything you wish to take to court requires evidence. If all your evidence is gone that says your ex has been up to some mischief then any amount of bleating about that will be a complete waste of time. You can make all the allegations you like, but unless there is solid evidence you might as well take another approach.

What evidence you do have about something, is the IVO … You will almost certainly need a complete transcript of the hearing where the order was made. These take at least a number of weeks to get probably four to 12 weeks to get depending on which registry… But it is clear you are not communicating, that there is entrenched conflict and this in itself is a major issue for the court. You will get little support if you are not able to communicate to enable you to co- parent.

Next you need to think about what you are proposing for the on going relationship, how you are going to parent going forward, what arrangements are you planning for the child, holidays, school , etc…. and forget about a phone that doesn't belong to you that you don't have any SMS messages off.

You can put all the ills of the relationship on the table and spend many pages of affidavit writing about how bad it has all been, list umpteen legal irregularities for which you have no evidence (That will be struck out anyway), Subpoena the sister who will probably tell lies and all that does is set a context that is going to end up badly.

It is probably time to get with some folks who have actually been to court and map out another approach because I am not getting any sense that this is all the right approach. Evidence is just so important and you have either none or very little about key matters which are pivotal to your case.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
"  Evidence is just so important and you have either none or very little about key matters which are pivotal to your case.  "


With all due respect Secretary , ( admittedly 7 months awaiting judgement still I am up/down optimist/pessimist ) a LOT of judgements I seem to have read through and after deliberately scrolling past the orders given part so as to just read the evidence & how it was used etc……. Judges DISCRETION  seems to end up being a factor a lot of times.
As stated whilst I know I'm anxious & all honesty probably not doing myself many favours, but I try & keyword search different tags that closely align with points of my matter & I've lost count on the number I've read through & expected to scroll up to orders given & read close outcome of the matter & I stand to be corrected but damn if that "discretion" word don't keep popping up especially in matters with "scatter-gun accusations " from mother & refuting evidence of father.Often seems a father's legal right to defend himself from sordid accusations is then reworked by unscrupulous/misleading legal reps. into his alleged wish to further animosity & ill feelings between the parents. On side note I'd love your opinion on a post I will put in general forum asap,if you've the time.
Cheers
You are correct anonymoususername. The Judges' decisions tend to be discretionary in the end. I didn't want to use this word before in a post to jaspervine but it is really the truth. As a SRL you with think the law is on your side with your arguments and evidence, but when all is said and done, they will mean little as the court has a different agenda. When the court looks at a matter, it it trying to work out what is in the best child's interest from their perspective and not the parents view. The court has to decide whether the parents will bring this child up together or not, and if not, to what extent.
I found the whole trial process to be a time of emotional outpouring for both parties which in itself is an important part of the process. It is also important to have good arguments and evidence although a lot of issues you think are important will be glossed over by the Judge as they are thinking what is best for the child now and for the future.
Jaspervine you need to be thinking like the court and seek orders the Judge will support. Unless you can convince the Judge without a doubt the mother is not fit to be a parent, then you need to propose shared care arrangements.
anonymoususername said
Ask yourself this..
Your whole post can be put into perspective with the words "There is a time and place" Sure, go ahead, answer every single point, disagree with everything and soapbox because you "should" and then come across as an uptight disagreeable facilitating not live with parent…
From what i see its been a while since the poster saw his child, that is going to count for a lot unfortunately. Im not saying don't point out what care you had, but as a case winner and major focus its a non starter for success.
Play the game, not your idea of the game

Last edit: by The Wolf


Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
SECRETARY SPCA Said,

from Invaison of privacy iphone January 31st 2016

Are you saying that no messages were actually taken off the phone at this stage? 
What did you report to the Police as you would have had to shown or given some substance to them to 
get an Intervention Order…? What I am asking is did you show them anything or did they take down any 
of the SMS messages that you say are relating to 'illegal activities'

Last edit: by jaspervine

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