Reasons to admit phone recordings into court

[KnownUser]

What is the name of your state (only U.S. law)? Florida

My ex took my child out of state and tried to make it to where I was not allowed to speak to my child.

• I have recordings of my EX verbally abusing my child while my child was out of state. My Ex was not supposed to be there when the phone calls took place. The Ex's mother was.
• The recordings also include the Ex's mother verbally and mentally abusing my child during phone conversations with me.
• I commonly told my child I was recording them, my excuse was to listen to the voice later.

Since I have gotten my child back, the child doesn't wish to speak with my ex very often, and most of the time during those conversations my child comes back to my crying about the things my ex has said. And of course since my child refuses to talk to my ex, I am a parent alienator.

• I dont have many of the recordings between my child and ex, but I did hit record and try to convince my child to keep talking a couple fo times when the child came to me upset.
• I have many recordings to prove my ex has lied about many things so far during the court case. (mainly every time my ex does something, i get blamed for what my ex did in the next court paper)

I have told my ex many of times that I am recording them, most of the time I get the "I dont care you cant use them" response, but my ex has also said more recently "I dont want you to record my calls", which I usually respond with "then please stop calling me".

My ex will not call when the child is around, only when the child is not around, and doesnt answer when the child calls

I am looking for reasons to INCLUDE these recordings. I think they not only demonstrate my ex's demeanor, but also will help with the parent alienation allegations.

Please can some one help come up with reasons / ideas to keep these recordings admissable. The child is 5 years old.

 

[TheGeekess]

What is the name of your state (only U.S. law)? Florida

My ex took my child out of state and tried to make it to where I was not allowed to speak to my child.

• I have recordings of my EX verbally abusing my child while my child was out of state. My Ex was not supposed to be there when the phone calls took place. The Ex's mother was.
• The recordings also include the Ex's mother verbally and mentally abusing my child during phone conversations with me.
• I commonly told my child I was recording them, my excuse was to listen to the voice later.

Since I have gotten my child back, the child doesn't wish to speak with my ex very often, and most of the time during those conversations my child comes back to my crying about the things my ex has said. And of course since my child refuses to talk to my ex, I am a parent alienator.

• I dont have many of the recordings between my child and ex, but I did hit record and try to convince my child to keep talking a couple fo times when the child came to me upset.
• I have many recordings to prove my ex has lied about many things so far during the court case. (mainly every time my ex does something, i get blamed for what my ex did in the next court paper)

I have told my ex many of times that I am recording them, most of the time I get the "I dont care you cant use them" response, but my ex has also said more recently "I dont want you to record my calls", which I usually respond with "then please stop calling me".

My ex will not call when the child is around, only when the child is not around, and doesnt answer when the child calls

I am looking for reasons to INCLUDE these recordings. I think they not only demonstrate my ex's demeanor, but also will help with the parent alienation allegations.

Please can some one help come up with reasons / ideas to keep these recordings admissable. The child is 5 years old.

Why is this child not in therapy?

 

[Proserpina]

One issue I see is that the child cannot give consent.

As you likely know, Florida is an "all party" consent state when it comes to recording. It's not enough to inform the other party; you have to obtain their consent.

 

[stealth2]

What is the name of your state (only U.S. law)?
I have told my ex many of times that I am recording them, most of the time I get the "I dont care you cant use them" response, but my ex has also said more recently "I dont want you to record my calls", which I usually respond with "then please stop calling me".

Why not just not answer the phone when your ex calls? Or if s/he calls for the child, why do you even get on the phone?

 

[KnownUser]

Why is this child not in therapy?

The child does have a therapist, the opposing counsel keeps blocking testimony bacuse the ex does not agree with the therapy

 

[KnownUser]

One issue I see is that the child cannot give consent.

As you likely know, Florida is an "all party" consent state when it comes to recording. It's not enough to inform the other party; you have to obtain their consent.

They were in a 1 party state, I know its a grey area, but local,state and county police all said telling the child is consent. The ex cannot expect privacy because they were not a member of the phone call. Or invading the phone call.

 

[Proserpina]

They were in a 1 party state, I know its a grey area, but local,state and county police all said telling the child is consent. The ex cannot expect privacy because they were not a member of the phone call. Or invading the phone call.

If they're in a different state, by law you must abide by the stricter of the two. That would be Florida.

And whoever told you that was categorically incorrect. A child cannot give consent.

 

[KnownUser]

Why not just not answer the phone when your ex calls? Or if s/he calls for the child, why do you even get on the phone?

I have tried email, not answering the phone, skype etc. The ex accuses not cooperating when i dont answer. Even when the ex calls 20 - 30 times in the same hour.

The ex wrote journals dated way before our time together documenting mental illness(Borderline Personality Disorder) that includes mood swings and abuse, and the family mental illness (including documented suicides) , the ex recently recieved a physcological report that blames the problems on me due to Post Traumatic Stress Disorder. Including both the ex's physical and verbal abuse towards myself and the child.


**Update**
the journals are in my possesion

 

[KnownUser]

If they're in a different state, by law you must abide by the stricter of the two. That would be Florida.

And whoever told you that was categorically incorrect. A child cannot give consent.

Its not necasarily by law, its general rule if you want to be technical. I know its a very grey area by any means.

I want reasons to INCLUDE them. I am going to argue whatever I can. Including a crime was being committed (child abuse)

 

[Proserpina]

I have heard that, I want reasons to INCLUDE them. I am going to argue whatever I can. Including a crime was being committed (child abuse)

And did you report the alleged child abuse?

What's your end goal here?

 

[KnownUser]

And did you report the alleged child abuse?

What's your end goal here?

Yes I reported the child abuse, they included that in the parent alienation.

The end goal is to prove taking the child out of home state is a bad idea without arguing he said she said against a pathological liar that uses guilt and lies to get what they want.

Especially when the child is terrifed of going back.

And that the ex needs a "Proper" mental evaluation

 

[Proserpina]

Yes I reported the child abuse, they included that in the parent alienation.

The end goal is to prove taking the child out of home state is a bad idea without arguing he said she said against a pathological liar that uses guilt and lies to get what they want.

Especially when the child is terrifed of going back.

And that the ex needs a "Proper" mental evaluation

Okay, let's back up a little.

What are the custody arrangements? Was the child taken on vacation? What?

 

[KnownUser]

Okay, let's back up a little.

What are the custody arrangements? Was the child taken on vacation? What?

The child was taken out of state with out my consent, I was not allowed to speak with the child until I got lawyers involved.

I currently have primary custodial rights until the judge decides otherwise. I don't mind sharing parental responsibility, but the only goal of my ex is to take the child out of state.

 

[Proserpina]

The child was taken out of state with out my consent, I was not allowed to speak with the child until I got lawyers involved.

I currently have primary custodial rights until the judge decides otherwise. I don't mind sharing parental responsibility, but the only goal of my ex is to take the child out of state.

Does your court order specifically prohibit the child being removed from the state, or that your consent is expressly required?

 

[single317dad]

What is the name of your state (only U.S. law)? Florida

My ex took my child out of state and tried to make it to where I was not allowed to speak to my child.

• I have recordings of my EX verbally abusing my child while my child was out of state. My Ex was not supposed to be there when the phone calls took place. The Ex's mother was.
• The recordings also include the Ex's mother verbally and mentally abusing my child during phone conversations with me.
• I commonly told my child I was recording them, my excuse was to listen to the voice later.

Since I have gotten my child back, the child doesn't wish to speak with my ex very often, and most of the time during those conversations my child comes back to my crying about the things my ex has said. And of course since my child refuses to talk to my ex, I am a parent alienator.

• I dont have many of the recordings between my child and ex, but I did hit record and try to convince my child to keep talking a couple fo times when the child came to me upset.
• I have many recordings to prove my ex has lied about many things so far during the court case. (mainly every time my ex does something, i get blamed for what my ex did in the next court paper)

I have told my ex many of times that I am recording them, most of the time I get the "I dont care you cant use them" response, but my ex has also said more recently "I dont want you to record my calls", which I usually respond with "then please stop calling me".

My ex will not call when the child is around, only when the child is not around, and doesnt answer when the child calls

I am looking for reasons to INCLUDE these recordings. I think they not only demonstrate my ex's demeanor, but also will help with the parent alienation allegations.

Please can some one help come up with reasons / ideas to keep these recordings admissable. The child is 5 years old.

You really need to talk to a local attorney that knows exactly how the laws are enforced in your area. You could have committed a crime by making these recordings, and in some jurisdictions it's another crime to divulge the contents of a recording even if it was made legally. The child's consent is probably invalid. The fact that you caught a background conversation involving non-consenting parties during a call between two "consenting" parties is also very sketchy. It would be worth every penny of the consultation fee to talk to someone who knows.