WA Custody of Children - Private Emails as Evidence?

[John Wilkins]

Hi everyone,

I am going through a custody of children battle

Can I use (legally obtained) private emails between the respondent and their witness as evidence against them? These emails are addressed to/from the respondent and the witness, and they are to/from their own email accounts.

Thanks,

 

[sammy01]

Ok so you need more details. What is in the emails?

You need to re-think. Why do I say that? Well, you've asked about a 'custody battle' and evidence 'against' someone. You're barking up the wrong tree. You need to change your thinking.

You need to work on proving what a great parent you are. That is all. Proving that the other parent is a ghastly, nasty piece of work is not going to end well for you.

 

[John Wilkins]

Well how about just the legalities of it?

 

[sammy01]

Ok - so how can you establish that you came across correspondence that was not from you or to you and that you came across it legally?

Look, yep, you can submit the emails, but you're missing the point of family law. It isn't truth, justice blah, blah... It is about the best interests of the kids.

 

[AllForHer]

I know you've said the emails were attained legally, but if your email address isn't in the address bar, then you don't have much proof to support that claim. It's likely the other party will argue they should be struck out on grounds of inadmissibility, and the court will probably agree.

Like sammy01 said, change your tune. You're trying to discredit the other parent with your case, but that's not your job. Your job is to act in the child's best interest.