Can My Ex Hack My Computer and Use the Stuff Against Me in Family Court?


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No. Intercepting any form of conversation, to which you are not a party is a breach of section 184 of the Criminal Code of Canada and possibly other sections, depending on what your ex records.

 

And, recording conversations usually will not help you in family court.  While it may not be one of the top 10 biggest family court mistakes, breaking the law will not make a judge like your ex.  In addition, except in extreme circumstances where the evidence is necessary to protect a child from harm, illegally obtained evidence is not admissible.  As the video below sets out, Judges only pay attention to admissible evidence, so even if your ex does record something that she thinks helps her case, chances are the judge will not even look at (or listen to) it. 





Ontario Family Law Podcast

16 - Family Court Step by Step 3 - the Conduct of the Trial

The Ontario Family Law Podcast episode on trials explains how important it is to follow evidentiary rules at trial.  Similar rules are still at play at motions.  It is important to know if the evidence your ex is using will be inadmissible, because you may be able to stop the judge from even looking at it.


Judges also really hate it when one parent tries to interfere with the other parent's time with the children, or even worse, tries to prevent the children from having a relationship with the other parent.  If your ex was trying to record your time with the kids, that will come off really badly - the only worse thing your ex could do would be to "interview" the kids about the child custody issues and record that conversation.  No good comes from putting your kids in the middle in Family Court.

 

Chances are, unless your are a lawyer, you will not know the Rules of Evidence, or the specifics of the Criminal Code.  That is why it is good to get legal advice for your specific situation.



Guide to the Basics of Ontario Family Law Best Seller
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You can learn a bit more about the family court process, including a brief over view of some of the rules of evidence, by watching this video or listening to these podcasts (iTunes version here).  You can get a lot more information about Ontario Family Law issues, including a further explanation of family court process, and what to do and not do in your separation or divorce, by downloading this $9.99 e-book for Kindle, Kobo, or iPad/iPhone/Mac or ordering the paperback version.  But, to keep out of trouble, it is always best to speak with a good family law lawyer. 


Evidentiary issues are trick and cases can be won or lost based on them.  Having a spouse playing dirty tricks can certainly make your divorce more complicated.  You need to get the help of a lawyer immediately to make sure you keep the law working in your favour.  Contact Certified Specialist in Family Law (and author of the book above), John Schuman, by emailing him, calling 416-446-5847, or using the contact form below.  We answer all inquiries promptly and we can arrange for you to come in quickly for a consultation (charged at a reduced hourly rate).  


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