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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4873
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I'm one year into a separation from the mother of my two

Customer Question

Hi, I'm one year into a separation from the mother of my two daughters, aged 8 and 6. I have major depression but have a broad and very experienced support team. However, my ex is in possession of an old iPad of mine that unbeknown to me has been showing all my text messages. On one occasion this led to her sectioning me for two nights in a mental health institution and more recently she read the entire and very passionate contents of a new relationship, at the end of which I threatened to harm myself if my new partner informed the police or my ex of our stormy relationship and the ongoing breakup. My question is, are my text messages not directed toward my ex and intercepted without my permission on the old iPad in any way admissable as evidence against me? or would the court frown upon her deliberate invasion of my privacy and the use of the messages to attempt to harm me and keep me from seeing my daughters? Thanks, ***** ***** ranger
Submitted: 5 months ago.
Category: Australia Law
Expert:  Daniel replied 5 months ago.
HelloAdmissible. But a matter for the court as to whether they take it into account. Courts take into account the emotional state one is in during the initial stages of separation and dont hold much weight on such statements. In any event, you are seeking help now which will be taken into account. I suggest spending less time looking at her invasion of privacy and more so on moving forward and making clear to the court that you are remedying the situation.The court will have issue with her bringing stuff up perhaps, but it will not give her much leeway. Will the court look down upon her? Officially no, but of course such 'stealth movements' do not put her in a good light. I have undertaken a lot of family law matters. The court looks to more what can be done in the future, than what happened in the past. Focus your energy in dealing with your life in a positive manner and be there for your children. Please click accept and rate my service. I am able to answer further questions after accepting.
Expert:  Daniel replied 5 months ago.
HelloI note I have not received a response from you. Please click accept and rate my service. After doing so, I can answer further questions at no further cost.
Expert:  Daniel replied 5 months ago.
HelloI have not heard a response from you?I wish to assist. Please click accept and rate my service. I can answer further questions after doing so at no further cost.​I look forward to hearing from you.