Facebook is Good Evidence

by Annette Burns on July 21, 2016

If you’re going to assert in court that you are having no contact with someone, it’s probably best not to have Facebook conversations going on with that person.

In an Arkansas guardianship case, a mother sought to terminate her child’s guardianship (the child was placed with an aunt).  The guardianship was set up based on Mother’s relationship with a man named Beasley who was alleged to be emotionally and physically abusive to mother and child.   Mother petitioned to terminate the guardianship, stating that her relationship with Beasley was over.  Mother’s Facebook pages were entered into evidence, showing online interactions with Beasley after the date she filed the petition to terminate, and all the way up to a month prior to the guardianship hearing.

While Mother objected to the Facebook pages being introduced into evidence, her objection was overruled.   Her testimony was enough to authenticate the Facebook postings and screenshots of the comments on her page.   Her petition to terminate the guardianship was denied.   Donley v. Donley   (Court of Appeals) and Arkansas Supreme Court.

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