Computer treaspassing by SS for Ex.....

[United]

Hello,

DH was granted primary custody on a temp. basis 3 months ago.  We had a hearing scheduled for today to either make it perm. or make changes.  Kids are doing much better in school, etc. so we are hopeful it will become perm.  Mom is fighting to go back to prevl. plan.

Last night DH noticed legal computer files were missing.  14 yr old SS admited he got into DH's computer, found legal files, called his mom and told her what docs he found.  He said she asked him find anything "incriminating on her", then print out docs then delete them from DH's computer.  She also asked him to remember how to do this again for later.  SS complied and printed out some legal docs for her.

So questions:

Aside from feeling violated and betrayed by SS willingness to do as mom asks in all this, is there anything here we can write up for opposing counsel or Judge?  Or is this common dirty tricks stuff?

Mom admited to treapassing into our home previously using younger son to gain admitance so there is a documented history here in the current order.

Is there anything we can do?

Thanks!!

[socrateaser]

>So questions:
>
>Aside from feeling violated and betrayed by SS willingness to
>do as mom asks in all this, is there anything here we can
>write up for opposing counsel or Judge?  Or is this common
>dirty tricks stuff?

Your witness is the enemy. You can claim that SS did these things, but how does the judge know that you're not just making things up. If this evidence was so damn important, then why don't you have a backup or a printout, etc?

If SS were willing to admit to the actions on mom's behalf, that would be criminal mischief on mom's and SS's part. It's also spoilage of evidence, which is contempt, and criminal/civil trespass.

There's probably all sorts of other legal theories that I could apply to the situation if I put my mind to it -- but only if you can prove it, and from your facts, I don't see how you're gonna do that very easily.

>
>Mom admited to treapassing into our home previously using
>younger son to gain admitance so there is a documented history
>here in the current order.

This would be admissible to show bad character in a custody hearing, but it would be inadmissible in a criminal contempt action, unless the other party chooses to testify, and then it would be admissible only if you already have a prior conviction/contempt order as the outcome.

[jilly]

I believe I'd be arrested for child abuse if my SD ever did something like that.  Cause that's something that definitely deserves an a$$ whuppin.
Put a password on your computer so your SS can't use it. If that's not an option then I would password protect any documents you don't want him to see and print.  I would suggest using a combination of numbers/uppercase/lowercase words, such as 21KeEp02OuT11. If your SS is comptuer literate there's no password cracker program he could find to get your password.  The key is you've got to be sneakier and more devious than they are! :D

[FL_guy]

The solution to this problem is less legal and more physical...

Actually, it is VERY EASY to break into Windows based systems.  All it requires is a Knoppix Linux boot CD (http://www.knoppix.com/) and sending files to a webmail account or other networked location or even to a floppy disk or USB key fob.   Using that Linux CD completely bypasses all Windows security.  Of course, you don't even need Knoppix if you have another computer handy and a screwdriver.  Just yank the hard drive and install it as a slave drive to the second PC.  I'd recommend the following security additions in addition to the password protected user accounts (make sure the account "administrator" has a password, too, as XP has the password disabled, by default - and don't forget that password, either!!!):

1) Go into your PC's BIOS program (you'll see a message prompting you to hit ESC or F1 to enter the setup program as you turn your PC on)
2) Change boot order to HDD only.
3) Place a BIOS password to prevent unauthorized changes to the BIOS.  Of course, this is also easily bypassed by cracking open the case and placing the BIOS reset jumper for about 30 seconds.
4) Keep your PC behind a locked door (perhaps a door handle with a house key lock available at most hardware stores).
5) Be sure that all of your hard drives are NTFS types vs. FAT32.  FAT32 is based on the old DOS standards and have NO security to speak of.  There is information abound on the web for finding procedures on how to do all of these things.

Of course, if you have Windows98 or Windows95, the only security that is going to help you is keeping that PC behind locked doors as there is absolutely NO security (that username/password is bypassed when you hit CANCEL) on those OS variants.

Now for the legal part.  I'm no attorney, but as you can guess, I know my way around computers.  So I'll offer myself as an "expert."

I recommend you try to catch him in the act.  Assuming you are running XP, set up a user account for just him with a password.  All other accounts password protected.  Then run a security audit program that logs all programs run/all files read and written (you'll see success and failure).  XP has auditing by default (http://netsecurity.about.com/cs/tutorials/ht/ht040503.htm).  Then the logs become evidence.   The trick, as Soc will undoubtedly agree, is proving that these logs are authentic.   Capturing them to a CDR the day they are created is a good idea.  Printing them with the date/time stamp is, too.  Still, as an opponent, I could argue that these logs could be easily fabricated.  Of course, if you do this for a long period of time and audit everything all of the time, it won't take long for the logs to easily fill up one CD, then the fabrication rebuttal becomes a bit futile....who would want to spend YEARS typing up almost ~0.7 gigabytes of logs that were generated in a few month's time or less?

Learn how to import text into MS Excel so that you can filter on "keys" such as user accounts, events, dates, etc.

You'll have to stomach a bit of these attacks, but the "e-paper" trail is just getting longer and longer.

Hope that helps.