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How to retract a statement made via text?

27 replies

Searchingforananswer2023 · 22/10/2024 14:09

Mr A and Mrs B are engaged in a child custody issue.

Mrs B has used an email I have sent in the past against Mr B.

How can I state that I wish for this email to form no part of the custody battle, or to retract the contents of it?

Anyone with any experience?

OP posts:
Shroedy · 22/10/2024 16:21

@ItsNeverAMannequin

OP says clearly in the first post that she sent the email - "Mrs B has used an email I have sent in the past against Mr B".

There is a clear difference between a contemporaneous written record of something OP sent (the original email) and a post fact statement attempting to contextualise or discredit that contemporaneous written record. Depending on what the original message said you might be able to argue it's hearsay (although obviously contemporaneous emails are often used as evidence and are not hearsay) but the second definitely is. That debate and whether OP would need to be called / give a statement is exactly what would drag them further into proceedings. It certainly isn't close to some black and white "send a follow up email and the issue goes away". That's simply not the case. And, again, OP has not said that it wasn't true so to send such an email would be very problematic.

MotherJessAndKittens · 22/10/2024 16:26

I think if it was in the past and not involving the child they wouldn’t use it as they are looking at things from when child was born. Unless it’s to do with child abuse, murder or something very serious.

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