DON’T FORGET TO DEAL WITH INTIMATE PHOTOS AND FILMS
The parties in the case of Daleman v Daleman 2013 ONSC 4648 created a thoughtful resolution to an issue often forgotten. Specifically, they dealt with photographs on the hard drive. After the separation, the Father took possession of the family’s personal computer. Through mutual agreement, the Father agreed to provide the Mother with hard copies of these photographs.
The trickier issue arose because the hard drive also contained photos of the Mother while she was naked. They agreed to destroy these images, but in a very careful way. They agreed to meet at a certain time and place so that they could erase these images together. Each parent would be accompanied by another adult that not the party’s new partner. I would presume that this provision was to avoid further conflict. The other person was to be someone knowledgeable about computers so that each party was assured of the image’s destruction. Finally, both parties agreed that the adult children were not to be present.
When one opens each document, they can right click the file and scroll down to the heading “properties”. This file will contain information as to when the image was last accessed. If the image was not accessed after the separation then the other party would know that the image or file was not copied or printed for a spiteful purpose.