Can Text Messages Be Used in Family Court?

Are Text Messages Admissible Evidence?

Yes. In Ontario, text messages can be submitted as evidence in both parenting and financial matters. Courts recognize that text messages often provide the most accurate record of day-to-day communication between parties.

Judges regularly rely on text messages to assess:

Parenting communication and cooperation
Compliance with court orders
Harassment or inappropriate conduct
Schedule changes, cancellations, and missed time
Attempts to resolve issues outside of court
Admissions about income, expenses, or parenting issues

Electronic communication is treated like any other documentary evidence as long as it is relevant, authentic, and presented clearly.

How to Properly Present Text Messages in Court

Simply showing the judge your lengthy screen shots is not enough. Courts prefer text evidence to be:

1. Clear and Chronological

Your messages should appear in order, with time and date stamps visible.

2. Unaltered

Screenshots cannot be edited, cropped to remove context, or selectively presented. Opposing counsel can request the full conversation if something appears incomplete.

3. Relevant

Only include messages that actually advance your case — long emotional threads dilute the strength of your position.

4. Properly Exhibited in an Affidavit

Text messages should be attached as an exhibit to your affidavit, referenced by page number, and organized in a way that a judge can easily follow.

At Willing Law, we often assist clients by preparing chronological communication briefs that highlight only the messages that matter.

What Judges Look For in Text Message Evidence

Contrary to popular belief, judges are not interested in every argument or emotional exchange. They look for patterns — and they look for behaviour.

Some powerful examples include:

A parent repeatedly refusing to share information about a child’s health
Threatening or harassing messages
Inconsistent explanations about employment or income
Clear attempts by one parent to facilitate parenting time while the other obstructs

Text messages often help judges assess credibility, which can significantly impact outcomes in parenting disputes.

What NOT to Do With Text Messages

1. Don’t message in anger

Assume every message you send could one day appear in a courtroom.

2. Don’t delete conversations

Courts may view destroyed evidence negatively.

3. Don’t take conversations out of context

Cherry-picking messages can backfire if the full thread tells a different story.

4. Don’t secretly record phone calls instead of relying on written communication

Text messages are often a safer and more easily admissible form of evidence.

Best Practices for Co-Parenting Communication

If interactions are high conflict, consider using:

Our Family Wizard
Parallel Parenting apps
Email communication for important matters
Short, neutral, child-focused messaging

Good communication protects both your legal position and your peace of mind.

When Text Messages Are Not Enough

Text messages alone cannot resolve every dispute. They must be supported by:

Affidavits
Independent evidence (e.g., school records, police reports)
Parenting assessments
Financial disclosure

A strong family law case uses text messages to support the facts — not replace them.

Final Thoughts

Text messages can be incredibly powerful in family court, but only when used correctly. They can help demonstrate patterns of behaviour, support your credibility, and strengthen your overall case.

If you’re going through a separation, custody dispute, or high-conflict parenting matter, it’s crucial to get legal guidance on how to gather, organize, and present your digital evidence effectively.

Need Help Preparing Your Evidence?

At Willing Law, we assist clients across Ontario with:

Communication analysis
Affidavit preparation
Parenting-time disputes
Decision-making responsibility cases
Child and spousal support matters

Book a consultation today to ensure your evidence is presented in the strongest possible way.