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ulysses101, Lawyer
Category: Canada Family Law
Satisfied Customers: 3502
Experience:  Over 10 years litigation experience in family, criminal, and civil law
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I am asking this Question Girlfriend. Is it illegal ex to

Customer Question

i am asking this Question for my Girlfriend. Is it illegal for her ex to post on Facebook her personal information about her health. What action can she take towards him. She is pregnant and hasn't disclosed to him or any of her family. We feel he has
no right to tell anyone her information. A friend she trusted betrayed that trust. Now he has posted on Facebook. This is just the surface, he has been having people report back to him about her actions. She doesn't feel safe walking around her own town. They
have a child together who is 3, his immature actions, are complicating communication. He lives in England, we are in Alberta. she told him he could talk to his son Tues, wed,Thur, morning's or afternoons. He is insisting on Sundays. this posting today was
his response, after being told no, she repeated to him what he already knows. I believe, because she is the primary parent, plus because he left the country, she has the right to decide when he can talk to there son. There is no parenting order in place. is
this last statement factual?
Submitted: 2 years ago.
Category: Canada Family Law
Expert:  ulysses101 replied 2 years ago.

Hello, thank you for the question and for requesting me. I'm reading your question in full now. Before we get started, please be aware that I don't do phone calls. I think that having our conversation in writing that you can refer to later is better for you anyway. While I'm reading, anything else to add?

Expert:  ulysses101 replied 2 years ago.
OK, I've read your question in detail.
How long has the ex been in England? What's the status quo regarding his contact with the child? Is he paying any support?
Customer: replied 2 years ago.
He left last day of March.
They use a video ap.
It was sundays , ussually he would say he was unable to talk. Than request Wednesday's. She informed him the switch to Wednesday's , and he became rude and disrespectful. He hasn't attempted on the hours she has requested in a month. Just keeps trying sundays , and at times during the week, he knows , he's not availible. Yes he is sending funds. She is concered it will stop once there out of the mortgage the transfers are attached to the mortgage . The house is being settled now.
Expert:  ulysses101 replied 2 years ago.
This sounds complicated. Which is fine, except that I need you to put a laser focus on what you want me to answer. Is it the facebook issue?
Customer: replied 2 years ago.
Let's go with the Facebook. Issue an harassment
Customer: replied 2 years ago.
A week ago he posted a picture quote " DONT FEEL SO SPECIAL MY EX f**kS EVEYONE"
Expert:  ulysses101 replied 2 years ago.

On his own wall, I assume?

Customer: replied 2 years ago.
on his wall. He is still friends with all her family on Facebook. She feels violated that he shared her personal health information.
Expert:  ulysses101 replied 2 years ago.

I can appreciate it. But FaceBook isn't considered the same as taking out an ad in the paper or putting up a billboard. He's allowed to say whatever he wants, until it becomes hate speech, criminal harassment, or a threat. Your girlfriend should be upset more with whoever told him.

Regardless, your girlfriend shared her medical information with people who blabbed. The ex didn't exactly hack into your girlfriend's doctor's files on her.

I believe that she feels put upon but there's no legal recourse for her on this particular issue. We live in days of shrinking privacy, and sharing information with anyone in any fashion risks that information being known to the world in very short order.

The ex doesn't owe her any kind of duty of care or privacy. If she wasn't pregnant then she could have a lawyer send him a "cease and desist" letter, although that would be difficult to follow up upon given that he lives in another country. Plus, she actually is pregnant so it's not like he has lied about her.

My best advice to your girlfriend is to stop worrying about what her ex is doing online. Too much drama is bad for her pregnancy, right?

Expert:  ulysses101 replied 2 years ago.

I'm sure that's not what you wanted to hear. But if the courts allowed people to sue each other over facebook gossip and rumormongering, it would be chaos. She needs to take the moral high ground and ignore him.

Now, regarding the videochat issue I'll have better news. There's no court order or agreement which specifies when the video contact is to occur. I recommend that your girlfriend write to the ex a succinct and respectful email about arranging times. She should give him some weekly day/time slots which work best for her and the child's routine, and tell him to pick a few which she'll do her best to have the child available during for as long as he's using them. She needn't make the child available at his demand. But she should make some effort to be accommodating, which is why I recommend giving him some options to choose from.

Anything else on that topic? If you wish to reply on anything we've discussed then please reply to me. If I've answered your questions, I'd appreciate a positive service rating please. That's how I get credit from the site for spending time with you today on your matters.

Expert:  ulysses101 replied 2 years ago.

Is there anything else about your girlfriend's situation that you want to clarify or reply to?

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