Had issues at the beginning of the split (6 months ago) with ex over access to dd, he made threats about court, 'storing evidence' (wtf?). Anyway, he sees her twice a week and though I know he'd like to see her more, he appears OK with it and I've never put any obstacles in the way. But tonight, he sent a text to dd (on my phone, she's only 13 months) and I replied saying she'd only just gone to sleep after having Calpol (she's teething again and sleeping badly, last night I got about three hours sleep, which he knows) and 'think Mummy necked the rest of the bottle', meaning the Calpol. Got a text back saying 'what, a bottle of wine?', then another text asking me to re-send the first text because he'd somehow deleted it. So, he's either keeping a folder of 'texts from dd' or he's 'storing evidence' against me. My question is, are texts admissible as evidence in court? I have been out at night exactly four times since dd was born and the first two were with him when we were still together. The last two weren't and the second night out, he actually stalked me and my friends who were out having an early meal and a drink and I had dd with me. He really makes me paranoid, he seems to be on my case constantly. Sorry this has turned into an epic post, all I really needed to ask was 'are texts admissible as evidence in court?'
Any evidence the court sees fit that would prove central to the case would be admissable, be it video/audio or text evidence.
When I went to court (the ex filed for a sole res order), I provided transcripts of texts and telephone calls that showed how she was threatening to withold contact with my daughter. Of course this didn't really show her in too great a light as it proved that she was only acting out of her own selfish interets, rather than what was in the child's best interests.
Don't make 'jokes' with him. It's hard to get across something is a joke in a text and he is looking for evidence so will take everything you saw completly seriously and so might a court or someone else who didn't know you. Can also be taken completely out of context.
Perhaps tell him she's not old enough to receive texts and to stop sending them to her. If he wants to ask you a question then text you as clearly you are the one who will have to read it and reply anyhow!
Have since spoken to him about this and he swears he isn't storing evdence against me or has any inclination to take me to court. He just likes keeping texts 'from dd' . Will give him the benefit of the doubt on this one, though am being extremely careful about replying to his texts now.
in a likelihood thumbwitch, but he does keep folders of texts (used to do this with me when we were together, probably still does...) and I think he thinks the ones from dd are 'cute'. He is a total twat, but he adores dd and misses her.