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Main Forums => General Issues => Topic started by: grtdaddy on Jun 12, 2009, 11:31:55 AM

Title: are MSN chat logs admissable in court?
Post by: grtdaddy on Jun 12, 2009, 11:31:55 AM
even though they can be changed, or for that matter someone else completely on the other side chatting?
Title: Re: are MSN chat logs admissable in court?
Post by: MomofTwo on Jun 12, 2009, 01:34:00 PM
They would have to be authenticated and you would have an extremely difficult case doing this. Anyone can have any user name and that does not validate it's the person they claim it is.
Title: Re: are MSN chat logs admissable in court?
Post by: MixedBag on Jun 13, 2009, 07:26:29 PM
Question Number one:  Do you have an MSN Screen Chat name?
 
Hopefully, they tell the truth and the answer is yes.  OR the other side can say "I've chatted with X and that person uses the name "Y" under MSN Chat.
 
Question Number two:  Do you share your password with anyone?
 
Hopefully, again they say NO.
 
And then you take it from there.
 
 
Title: Re: are MSN chat logs admissable in court?
Post by: grtdaddy on Jun 13, 2009, 08:27:05 PM
she has had my password for my old account, how can she actually prove me saying anything because i didn't all i have ever said was it's your responsibilityto call our child not mine to call you. this is after TWO years of no contact with her at all. now i have changed all my passwords i had no idea about any of this. but the fact of 15 declarations of her abuse and neglect to our son. and i also have ordered 1.5 years on phone records because i used charter digital which will show 2 maybe 3 calls from her in total. she is lying in every way possible my lawyer told me not to worry about it. any thoughts?
 
Title: Re: are MSN chat logs admissable in court?
Post by: 4honor on Jun 13, 2009, 09:07:29 PM
Court view changing a child's home as a MAJOR stressor on a child. They do not want to change it if they can do ANYTHING else. BM will have to prove that something MAJOR has already changed in the child's life in order to change the existing order/custody. Stop sweating it.
Title: Re: are MSN chat logs admissable in court?
Post by: gemini3 on Jun 14, 2009, 07:45:04 AM
It is highly unlikely that it would meet the rules for admissable evidence.  Mainly the "indicia of reliability" rule.  Any attorney worth their salt will object to it being admitted into testimony.
Title: Re: are MSN chat logs admissable in court?
Post by: ocean on Jun 14, 2009, 12:24:38 PM
For phone records, we brought in someone for the phone company that testified brought my phone records and stated they were accurate. Then he was asked was there xxx number listed on there. He said, oh yes..many many times in one day. Then DH and I got on the stand and were able to say, PB called 30 times in this one day and again on this day.

However, PB represented herself for most of the trial so she didn't try to stop anything. We got in pictures we shouldnt have either...
Title: Re: are MSN chat logs admissable in court?
Post by: grtdaddy on Jun 14, 2009, 12:56:53 PM
as for phone records, i use highspeed internet provider which keep all call logs. i have had to sign a form and get it notorized and faxed to the legal team. these records will show she never contacted us via telephone but maybe 3 times in 2 years. she is threating she has 9 months of MSN logs of me being mean to her, saying i will call her and not calling. but in reality the only thing i said was it's your responsibility to call to talk to our child not mine. she had my password and i feel like she may have done something strange as far as the MSN logs go. i do not see how that can prove that it was me chatting and not say her roomate or online boyfriend? my lawyer told me not to worry about it she is a unfit mother due to the testimony and 14 declarations on eye witness abuse to our child. not to mention womens refuge report of it. thats right a man went there for help because i was scared for our saftey and needed help. she went to the mental hospital for suicide and threats of killing the family then herself. and i even have a myspace printout of her saying how she wants to go to sleep and never wake up. how her medications do not help her depression and so she quit taking them alltogether. i know i am worryingwhere i shouldn't but this is my son that i hold very dear to me and will do anything to protect him. i thank each and everyone of you for your insight, and believe it or not you have been a great support for my son and myself going through these times. godbles each and every one of you.
Title: Re: are MSN chat logs admissable in court?
Post by: MixedBag on Jun 14, 2009, 01:49:52 PM
When the court hears that SHE has or had your password, and that you didn't have those conversations with her, and once you realized she had your password that you changed it, I'd lean towards those conversations or IM conversations being fabricated.
 
See -- I too have evidence of something that was said on the internet -- and got told that I will be accused of fabricating it all myself, but I know I didn't write all this.  EX#2 and Camilla did and I found it years later.