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Requesting Cell Phone Records During A Divorce & Adultery Accusations

Anonymous Asked:

My son in law and daughter recently separated and he is now accusing her of cheating and is threatening to have her cell phone records brought into play. She has already given him everything (house, items etc) and is leaving with nothing. Can he do this and what are her rights? Is there a privacy policy in place?

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There is no penalty for adultery in Canada, and the only significance of adultery is that in the context of a divorce proceeding it entitles the parties to a speedier divorce. If the adultery allegation is made, the phone records may be relevant, but securing them through a court order is not a given. She should not give him everything. You and/or her should call us as soon as possible to discuss her rights. I need further details from you/her to tell you what she is entitled to.

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