Minor chid's cell phone transcripts


#1

I am allowed by the current court order to maintain communication with my daughter through her cell phone. Most of that is through text. I have a program that allows me to save and print a .pdf file of our conversations. I intend to submit this text transcripts as evidence. My daughter is 15 and an intelligent child. The conversations are important in several different ways for what they reveal about her home life and her love for me. Is there any reason this would not be allowed to be submitted as evidence? SHould I attach an affidavit to it, stating that I assert that this is a true and untampered text conversation?

Also this…Court Order gave me Spring break as visitation. She took the kids out of town on Spring Break. I filed a Contempt of Court, the complaint was heard, I was denied by the judge. He called it unenforceable due to “semantics.” I did not appeal because I intended to use the “semantics” ruling to highlight the order’s inability to be enforced and to highlight how she has become the custodian of the Order as well as the kids. I know there is case law on this point. Question: Can I reference the Spring Break incident in the another Motion other than a Contempt Motion?


#2

Not an attorney … But had a similar situation … You can’t submit the texts as evidence … The only thing you can do is ask that she be allowed to testify in court or speak to the judge in chambers.

You can however submit affidavits from other people who have witnessed what she has texted to you but they may or may not read them or consider them … Depends on the Judge and the circumstances


#3

I appreciate your reply but it would be a court ruling that requires a “witness” to a text. Thanks for the heads up…how can someone be required of an act that is done mostly in private…that’s like a rape between a husband and a wife…let’s have a witness in the marital bedroom before that complaint is valid. Once again, thanks for the warning.


#4

Thanks to provide good information and i am searching from many times.


#5

If you want the texts to get into evidence, your child will have to be a witness. You attesting that the texts are not tampered with is not sufficient. The authenticity issue comes from being able to prove that your child actually typed and sent the texts that you received.

Yes, you can mention the spring break incident again. You cannot file another motion for contempt based on the event, but if that is part of your reasoning behind a motion to modify, it would seem relevant.