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AUGUSTA, Ga. (WRDW/WAGT) – A new feature that new iPhone users have been asking for is coming to iOS 16 this fall, but it could be a problem for those concerned about child protection.
iPhone users will have the ability to forward or undo a text message after it has been sent. We’ve all sent a text message that we wish we hadn’t or accidentally texted the wrong person.
In iOS 16, not only can you send a text, but you can also go back and edit what you sent.
That’s fine for most of us, but family court attorney Alison McFadden worries it could allow someone to destroy key evidence in her cases.
“Custody, clear divorce proceedings, protective orders, alimony, child support,” she said.
Evidence in those cases is often circumstantial, he said, she said. Text messages are a record of what people say to each other, along with the date and time the message was sent. With few exceptions, text messages are admissible in court.
“In a way, it’s one piece of evidence that the court can sometimes point to what happened or what someone said,” McFadden explained. “So if you’re going to court, we’ve got a text message saying, ‘If you don’t let me have my kids this week, I’ll never come after you.’
For example, McFadden offers an ex-husband sending threatening texts to the mother of their children.
Mom accepts the article and reads it, but the ex-husband deletes the article. She will have trouble proving to a judge that she needs a protective order.
“And the damage is done,” McFadden said. “The damage is already done. Often times when people make these threats, they do so because they know it will affect the person who sees it.
The person receiving the text can see that the text has not been sent or edited. But that’s it. The original article is not available for viewing. McFadden believes that general text message chains are inadmissible as evidence, making it more difficult for a judge to prove that someone needs a protective order.
This allows parents to say whatever they want about violating the order and then cancel it.
McFadden hopes Apple will give users the ability to opt out of receiving unsent or editable posts.
In the meantime, take a screenshot if you think you can delete the text after you get it.
Copyright 2022 WRDW/WAGT. all rights reserved.
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