Legal News | 23.09.25

Digital forensics: Cell site and mobile phone analysis in family court proceedings

Once primarily associated with the police and criminal investigations, the use of cell site and mobile phone analysis is becoming more prevalent within the Family Courts, and there are now many companies which can provide experts in digital forensics to assist the court in its decision-making.

What is cell site analysis?

As you move around and use your phone (for example, by sending a text message or making a phone call), it is connecting to the nearest phone mast, or “cell”. Your phone saves this data. Cell site analysis is the process by which an expert examines the data and determines which cell your phone was connected to at a certain time. This does not provide an exact location as it only confirms the nearest cell, but it can help to confirm that whether a device was in a certain geographical area, or rule out its presence elsewhere.

Mobile phone analysis

Beyond cell site analysis, a mobile phone (and other electronic devices such as tablets and laptops) can be examined for all the normal information, such as:

• Text messages and other instant messaging services (for example Facebook Messenger, Instagram, Snapchat, WhatsApp etc);
• Call logs;
• Social media activity; and
• Internet browsing history.

This information can be helpful to both the court and the parties to better understand the nature of an individual’s communications, the nature of their relationships with other adults (either involved in the case or third parties), and their knowledge and/or understanding of certain events. It is important to know that certain deleted data may still be retrievable when the expert examines the mobile device.

How does digital forensic examination come up in Family Court proceedings? 

If a party to proceedings wishes for certain mobile devices to be examined by an expert, they must make an application to the court under Part 25 of the Family Procedure Rules (FPR). All of the normal rules around the instruction of an expert under the FPR apply, and the court must be satisfied that the expert evidence is both necessary and proportionate.

Can I refuse to hand my mobile device over?

The short answer to this question is: yes. Your devices cannot be seized in the same way they could in a criminal investigation. However, if you refuse to provide your device (or lose it/damage it to the extent that it can no longer be examined), the court may conclude that you have acted in that way because you are trying to hide something. It is very important that you speak to your solicitor about any application for your mobile devices to be examined.

Need guidance? Speak to our team

Our experienced family and children solicitors can advise you on the best course of action and ensure your case is handled with care, discretion, and professionalism.

If you need help or advice, please get in touch with our Family and Children teams: 01380 733300 | family@wansbroughs.com.