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NSW Conversations in Skype and Facebook Used as Evidence?

Discussion in 'Family Law Forum' started by Vee, 10 September 2016.

  1. Vee

    Vee Well-Known Member

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    Can conversations on Facebook and other sites such as Skype be used as evidence? And what's the general timeline of how it works in the family court room? Next month is a child inclusive conference and then the following month we receive the orders?

    At what point can witnesses be called?
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Vee,

    Generally, yes, evidence of written conversations on Skype or Facebook can be used as evidence. Recorded verbal conversations would probably need to have been consented to by the other party, though.
     
  3. IDS

    IDS Well-Known Member

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    Hi,

    Just wondering if verbal communications can be used if the other party was informed the conversations are always recoded and had the choice to end the call and use another method of communication instead?

    My partner likes to record conversations with their child to listen back on or share with family later (as they read together and sing, etc). The other parent has a tendency to snatch the phone or interfere with calling times to abuse us or whatever.

    The other party has been notified by phone and text that these conversations are recorded and still chooses to speak.

    Would that mean these recordings could be used?

    Thanks
     
  4. sammy01

    sammy01 Well-Known Member

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    Maybe - but to what purpose? Show the magistrate the ex is a twit? Who cares?

    So what if magistrate (whose primary purpose is best interest of the child) takes the unfortunate stance that yep, the ex is a twit - yes, the ex is being nasty on the phone and chooses to resolve the problem by cancelling phone calls to stop the child being exposed to the conflict the ex is causing.

    Pick your battles.
     
  5. IDS

    IDS Well-Known Member

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    No not at all. They have stated on a phone call plans on taking the child overseas with or without permission and that they plan to relocate and refuse to inform anyone from the family where they will be moving to (which possibly means interstate or overseas).

    The court did not place interim orders at first hearing so we would like to use the phone calls as evidence of the need for airport watch lists, etc.

    Not so worried about the abuse; we're used to it.
     
  6. AllForHer

    AllForHer Well-Known Member

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    Do the kids have passports?

    Is the other parent from overseas, or do they have significant family overseas?
     
  7. IDS

    IDS Well-Known Member

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    Yes and yes. Other parent refuses to give up the passport and has extensive family overseas as they were born there. Given that there can be gaps of up to three weeks between contact, it has become a concern that there are no interim orders.
     

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