Questions from AVVO: Emails as Evidence

divorce attorney ArizonaQuestion

How much regard is given to emails as evidence in court? My children’s father has this habit of sending me emails any time there is a dispute going on, he states the facts true to the most part but twists it just in the right way to make himself look great and try to make me look bad. He is a very manipulative person. How should I go about countering these emails…..should I reply with my version of the truth or should I just let them be. How much credit will those emails be given in court. We are headed to mediation next month in an attempt to modify our parenting plan.

Patrick’s Answer

It is very difficult to answer this question without actually seeing at least a sampling of the emails. Moreover, I cannot tell from your question whether you even have an action pending in Court or if the action involves Legal Decision-making (Custody) or parenting time with children. If there is no action pending you will have to determine which emails are relevant or which emails actually address relevant issues. Remember that if there are many emails the Court may never read most of them because it does not have time to do so. Only respond to those emails that address a specific issue and do not get in a fencing match over who did what. Just give your opinion on the relevant issue and do not argue about who did what. Best to just say “I disagree with your statement of the facts.” Keep your emails short and to the point. Frequently parents will write emails which are clearly designed for the Court rather than to address real issues. Usually the Court can figure that out. Lastly if the emails are out of control and the issues involve children, it may be wise to ask the Court for a Parenting Coordinator to help the two of you communicate better. That person “works” for the Judge and can make recommendations to the Court to improve communication, including the limiting of emails. However the Parenting Coordinator does cost money and generally both of you must share the cost.

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