27 February 2015
We are representing our client in a family law matter and have obtained a copy of a Facebook messaging session between our client and the other side's former husband. The screenshots also partially show some messages between our client's wife and her former husband. We would like to subpoena those messages between the wife and former husband. How can I go about obtaining a transcript of those messages?
I look forward to your response. Kind regards.
You may be able to have the ex-wife disclose her Facebook account password under the disclosure rules set out within Chapter 13 of the Family Law Rules 2004 provided that the content is relevant to an issue in the case.
If there is a dispute about disclosure, an application may be made to the court: see rules 13.18 and 13.22.
Facebook claim that US Federal law does not allow private parties to obtain account contents including messages using subpoenas. See the following link to Facebook operational guidelines for those seeking records from Facebook
https://www.facebook.com/safety/groups/law/guidelines/
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