Be Nice! “Fake Nice” - The Importance of Keeping Communication Civil

09 MARCH 2016 FAMILY LAW & DE FACTO RELATIONSHIPS
family law and communication

With modern technology the way it is, almost everything we do and say is recorded somewhere in some form.  We remind our clients to be careful of the content of any emails and text messages that they may send to their former partner.

Emails and text messages, in particular, provide a written record of exchanges between you and your ex-partner.  It is often the case that these exchanges end up attached to Affidavits showing one person communicating in a derogatory or unreasonable manner toward the other person.  Entering discussions with your ex-partner over text message and email is also dangerous if you happen to consent, admit or commit to something and then later on wish to change your mind or rescind on any commitments made.

If you are separating from your partner it is important that you communicate in a civil manner.  If you have children the best way to do this is to keep communications strictly child focused.  Otherwise, any interactions you have with your former partner should be factual, pleasant and civil.  You should also keep any text messages or emails that you receive from your former partner in case you wish to refer to them later.

If you use Facebook then chances are your former partner knows about your account or has access to it (whether they are a “friend” of yours or not). Often Facebook status updates, pictures uploaded and messages sent are used in family law proceedings to show one party’s true colours. 

Status updates like “the kids are driving me nuts” or “passed out on the lounge after a huge night” when the children were supposed to be in your care are very damaging. Our advice is to never denigrate your former partner in a public manner unless you are prepared to face the consequences later.