“Flirtatious” text messages scrutinised in Family Court

Wiseman Admin2019, Family LawLeave a Comment

A Family Court judge has ruled that a woman was not being “flirtatious” with her estranged husband after signing off her text messages with a kiss.

The case highlights the importance of keeping communications with ex-partners during legal proceedings strictly formal, no matter the content or subject matter of the message.

The case revolved around an unnamed separated couple currently in dispute over their child.

The woman had claimed that her former partner had abused her, for which Judge Farooq Ahmed had been asked to make “findings of fact”.

During proceedings, the man – who denied all allegations of abuse – said his former partner had “repeatedly” signed off her text messages to him with an “x”, most commonly signalling a kiss.

He told the court, therefore, that the woman was being “flirtatious” and he could not possibly have abused her.

Disagreeing with the man’s arguments, however, the Judge ruled that a kiss was “just her way of signing off”.

In the court report, the Judge wrote: “The father relies upon numerous text messages … in which the mother repeatedly signs off with a kiss.

“He regards this as flirtatious and not something that she would have done had she really regarded him as an abuser.

“I find that the mother was not being flirtatious. It was just her way of signing off. The father is wrong to read anything into it.”

According to the report, Judge Farooq did find that the woman had been abused on a number of occasions during their marriage.

The dispute over their child is ongoing.

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