It may be tempting to use your spouse’s emails against them, but it is not advisable. This is especially important if you and your spouse are going through legal action such as a separation or divorce. Your spouse may have communications with their lawyer through email, and to read them would be to violate solicitor-client privilege. The court does not look kindly on those who violate their spouse’s privacy in order to further their own claims in litigation, and may even order costs against you for misconduct.... MORE »
Most Recent FAQs
My partner says they are going to use our text messages as evidence, but I do not consent to this. Can the text messages still be used as evidence?
Text messages are often used in family court, and can be used as evidence towards custody and access. However, where the text messages have been used without permission, judges have split on whether or not they should be admissible. A judge’s analysis of admissibility generally turns on “probative value vs. prejudicial effect.” In other words, judges will determine if the usefulness of this evidence will outweigh the harm it may cause one of the parties. “Usefulness” is associated with the best interests of the child.
Unfortunately, it is impossible to know... MORE »
Much to some judges’ disdain, text messages are often used in court. The use of text messages can either act to your benefit, or your downfall. Sometimes they can be of great assistance as proof of claims made by spouses in family court, but they often showcase poor communication and disrespect between the spouses.
As such, it is very important to remain respectful and polite with your spouse during your separation or divorce. A quickly sent text message in the heat of the moment may reflect poorly on you later during... MORE »
I’m afraid that my partner is going to take my child out of the country without my permission. What can I do if this happens?
If you are afraid that your partner is going to remove your child from Canada, it is important to get help quickly. This may include going to the police and letting them know what you believe your spouse is going to do.
Canada has signed an agreement called the Hague Convention with many other countries. This means that if a child has been removed from Canada and taken to another country that is a member of this agreement, there are special provisions put in place to deal with the situation. You... MORE »
If there are criminal charges laid against my partner, will these be dealt with at the same time as my family court matter?
In some jurisdictions, such as Toronto, there is a special court called the Integrated Domestic Violence Court that will hear some family and criminal law matters at the same time.
However, in other jurisdictions, you will likely have to go to two courts to settle the criminal and family matters separately. This process can be very confusing, and you may receive conflicting court orders from each matter. This commonly arises is access situations.
In these situations, it is especially important to consult with a family lawyer, as one order may need to... MORE »