Screenshot from ex's phone - Can I use this?

[Kausyavbdmdorm]

So me and ex have a DS (2 years)

we are no longer together and things have gotten quite nasty, him and his gf threatening court, to take my son and never let me see him etc etc

Recently ex came to pick my DS up for his weekend with him and I realised later that whilst getting his stuff he had dropped his phone and left it behind.

the phone was unlocked, so I had a look and found various messages of 'tactics' he would try to make me look bad / things to try and use against me in court. Very underhand stuff.

I took photos of these messages.

I also gave the phone back when DS got dropped home. I didn't mention I had looked at the phone.

I understand that what I've done may be unethical, but is it illegal? If it were to go to court could I use these messages to prove ex has been trying to set me up etc?

You searched his phone?

Wow.

It depends what it actually says. If it is catching him red handed fabricating allegations then your breach of his privacy may be justified though you would have to filke a statement setting out how you came across this evidence and it would be down to the judge to decide whether it is admitted as evidence.

Make sure you use words he had used. Give him concern you have see things without actually saying so. Then he can worry what YOU have planned. Handing a very small dc over without a court order is dodgy imo. He isn't to be trusted.

You tell me to "fuck off" and then acknowledge that she's committed an actual offence. Wow.

No, I wouldn't commit an offence and then wonder if I can use that evidence in court.

Oh go away. He’s planning on an act that could lead to what is essentially the ‘legal’ kidnap of a child. She looked through his phone. She did technically commit an offence. If he actually reported it he’d get laughed out of the police station, she’d get a verbal warning to not do it again at most, if they bothered following it up at all. I’m only saying she needs legal advice, as it is technically an offence it’s iffy whether the evidence can be used in court. It’s a bit disturbing where your priorities lie when it comes to your children. I’d literally kill for my child, you wouldn’t even look through someone’s phone after they threatened that you’d never see your child again

You need to ask your solicitor

Ok. Just take a breath.. and look at this logically.

What possible reason could he give a court where they ordered your child to be removed from your care ? Are you negligent? Cruel ? Do you place them in danger.? Is there SW involvement and a child in need process happening or any kind of supervision of your parenting in place. ?

If the answer to the above is no.. then just ignore and let him take you to court. However it sounds like a lot of posturing to impress his girlfriend.

However should you end up in court there is no reason why you cannot use the text messages as evidence. They are not automatically admissible as evidence and it would be down to the judge. He would need to be satisfied they were not obtained illegally. (ie you stole his phone to get them) .

You need to rise above his drama. If he wants to go to court it's all on him to make this happen. (and the cost as well) he can't just 'go to court' he has to offer mediation first. And that costs more than Court. Do not refuse . If you do he gets to apply to the court without having to pay for mediation. (Mediation is not recommended where abuse was a factor in the relationship) but if you are able to agree to it - it looks better on you.

I am saying all the above assuming he is on the BC ? or already has PR ?

wow lots of deleted messages, I can only assume they are from people who aren't impressed with what I did.

I'll be honest I know that it is not ethical and probably illegal but I also don't care. I know that sounds bad but these people are coming after my child, I'll do whatever I need to to stop that from happening.

I will repeat @ArcticBells post. Ask your solicitor. Only they will know the legalities of it. Even if its legal they might also know the judge will hold it against you which also isn't a good thing.

Even if you can't use it, you've been forewarned. If you know the list, know what you will need to dispute it and have it ready. If you know what tactic he is going to play to rile you up, you know not to rise to it.