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Family Law and Digital Forensics

Family Law

CYFOR are highly experienced in assisting a range of family law matters with Digital Forensics expertise. 

Digital forensics is commonly associated with criminal investigations, whether defence or prosecution, as well as for use in civil matters, such as litigation. However, there are also digital forensic opportunities within Family Law matters, especially child care proceedings. 

CYFOR frequently collaborate with family law solicitors, assisting in a broad range of investigations to forensically uncover digital evidence from devices such as phones and computers. This also includes cell-site analysis, whereby records are interrogated from phone networks which can include accessing unedited records to highlight communication between parties or see if 2 phones have been in a similar area. 

Many of these cases come to light at the eleventh hour when our forensic investigators have been dispersed on an incident response basis to the other end of the country. This is an all too familiar situation and one that we are well equipped to deal with. 

The information acquired from a forensic investigation can provide key admissible evidence in a court of law. Everyday digital interactions between individuals, such as internet history, SMS messages and content ofsocial media accounts are now sought-after as digital evidence within a wide range of family law cases, including: 

  • Matrimonial; 
  • Infidelity; 
  • Parental communication 
  • Child care proceedings; 
  • Domestic violence. 

Our digital forensic experts are able to recover a wide range of digital evidence, in many investigations, including: 

  • Internet history 
  • Emails 
  • Videos, pictures and audio recordings;                                               
  • WhatsApp messaging; 
  • Facebook accounts; 
  • Twitter accounts; 
  • Instagram accounts; 
  • Recovery of SMS/MMS messages; 
  • Other Mobile phone apps’ content. 

Case Study | Child Care Proceedings – Mobile Phone Investigation 

CYFOR were instructed by a family solicitor on behalf of a council authority, involving a case of child abuse/neglect. The subsequent investigation was to ascertain whether the mother and father who stand accused had violated a court order and had been in contact during a specific time period. The information divulged would determine whether the infant should remain in the care of the local council authority pursuant to Section 31 of the Children Act 1989, be rehabilitated to the care of his mother, his father or placed with extended family members. 

CYFOR received 3 mobile phone handsets in relation to the investigation and were required to forensically image all data on the handsets for examination. In conjunction with the digital evidence stored on the handsets, all related social media accounts were analysed, including messages that were sent and received on specific dates outlined by the solicitor dealing with the matter. CYFOR’s digital forensic experts successfully retrieved all information required and presented the digital evidence to the family solicitor within the specified time frame. 

Case Study | Child Care Proceedings – Cell Site investigation

CYFOR were instructed by a council authority to examine call data records of 2 parents who were accused of communicating with each other and continuing a relationship in breach of a court order. The call data records were examined and showed that there had been in significant contact between the parents over a long period after the order was put in place. A colocation query was conducted and the phones were found to colocate on numerous occasions over many months, including close to the home address of one of the parents overnight on multiple occasions. The results of this analysis were sufficient for the authority to put before the court and prove that the order had been breached. 

If you specialise in family law and require our expertise, please get in touch and one of our experienced case managers will be on hand to assist you.

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