I suspected my wife of cheating on me and installed spy software on our shared, home computer. I quickly found explicit evidence (both pictures and messages) that she was meeting and having sex with different men from sex chats. I also found out that she started sending pictures of our child to some of the men she was meeting with.
Can this kind of electronic evidence be used in court? If the content leaves no doubts whatsoever, would the judge still dismiss it, only because I have collected it without my my wife’s consent?
Could anyone recommend to me any law firms in London that might have experience with this kind of cases?
no, you were invading her privacy
what rights does the man have in such situations?
As direct evidence – I doubt. I would say – no.
how about the fact of her sending out pictures our child to men met on sex forums?
you can’t have ‘direct’ evidence, can you? this by definition ‘virtual’ and still the implications could be very real.
Only evidence collected by Police or Private investigators will be allowed in as evidence for a divorce. (Third party examination of evidence/events) If child custody matters are presented, then perhaps your "spy" software may be entered in as "evidence" of unfitness.
It’s not so much whether it can be used as evidence as it is the PROCESS of introducing it into evidence in court. Yes, it COULD be used as evidence. That’s the reason for lawyers; they will know the process for introduction, and what is necessary to verify it for authenticity. The right to privacy is not absolute, but based upon a Reasonable Expectation of Privacy. A shared computer does not hold that expectation.
But as an indirect evidence they can be used. Captured information can contain the factual information which will help in investigation.
Because you have a shared computer with her, so you have rights to monitor your own computer, this is like employee monitoring software which is legal. You own the computer so you can monitor it.
The necessary point is to collect your evidence that you own the computer.