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There has been a considerable amount of interest in the somewhat bizarre Facebook interaction between Angela Voelkert and her ex-husband David. Andrea created a fake Facebook account in an attempt to get information out of David. Her plan seemed to be working perfectly, until David revealed his plot to kill Angela. After the police became involved, it was revealed that David had known it was Angela all along and was punishing her for her deception, with no intent to harm her. While this is an extreme case, it does draw attention to the growing importance of social media in the Family Law system.

Admissibility of Surreptitious information

It is tempting for many people involved in a divorce, separation or custody battle to try and gather information about their spouse. Hacking into a spouse’s e-mail or Facebook account may seem like a good way to obtain valuable information, but this impulse should be resisted. In the case of Rosen v. Rosen, a husband attempted to submit an e-mail which revealed his wife’s infidelity to the court that was given to him by the couple’s daughter. The court rejected the e-mail as irrelevant and made it clear that such actions were not appreciated by the court.

via Andrew Feldstein: Facebook Fights: When Divorces Spill Online.