Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Tuesday, May 30, 2017

Court Rejects Father's Attempt to Turn Custody Hearing Into "a Witch Hunt" With Sexting Photos

J.S. v. M.M, (Ontario Superior Ct. of Justice, Mar. 31, 2016) (denying father's motion for temporary custody change) (Justice Alex Pazaratz)  

        1.    Do nude pictures of parents help judges decide who should get custody?

        2.    A silly question?

        3.    Why then, on this motion for temporary custody, has the Applicant father attached to his affidavit a series of sexually explicit “selfies” of the mother, retrieved from her discarded cell phone? 

        4.    And why did he attach dozens of screen shots of the mother “sexting” with another man, describing her sexual preferences in graphic detail?

        5.    If the objective was to humiliate the mother, undoubtedly the father succeeded

        6.    But how does humiliation help in family court?

        7.    How does irrelevant and scandalous information help a judge determine the best interests of the child?

        8.    More importantly -- from the child’s perspective -- what is the long-term impact of this needlessly hurtful approach to litigation? 

       12. Sometimes, an embarrassing post from the past can assist the court in determining a contentious issue:

          Facebook entries have been known to confirm drug or alcohol abuse, where it was otherwise denied.  

          Intimidating and threatening behaviour often becomes self-evident in texts. 

          A parent’s resistant attitude toward timesharing frequently comes through loud and clear in e-mails. 

        It’s quite amazing the incriminating things people will type and photograph.  Too bad if it comes back to haunt them.

    13. But where behaviour is neither unusual, illegal nor disputed, there’s no need to inflame tensions by attaching texts and pictures that tell us nothing we need to know.

    14. In this case, a fundamental evidentiary issue relates to the father’s unauthorized use of the mother’s discarded cell phone. 

    15. But more to the point, the nude photographs and salacious texts submitted by the father merely confirm what I would suspect of most other adults on this planet:  The mother has a sex life.

    29g. The Applicant has tried to turn this custody motion into a bit of a witch hunt:  She’s done bad things.  Maybe she’s a bad mother.

        32d.  All of this smacks of a puritanical double standard.  The obvious inference is that a woman who likes sex is somehow immoral or unworthy as a parent.  That kind of hypocrisy is a thing of the past.

 

[h/t Sonia Lawrence]

 

 

https://lawprofessors.typepad.com/gender_law/2017/05/court-rejects-fathers-attempt-to-turn-custody-hearing-into-a-witch-hunt-with-sexting-photos.html

Family, Judges | Permalink

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