CuriousInATL
Junior Member
What is the name of your state (only U.S. law)? FL
OK...this will be a long intro to a short question. Some background:
12 year relationship, non-married parents, 9 year old child. Father has prior domestic violence history, attacks mother for 3rd time with child at home (tried to suffocate). Police are called. Father leaves, files paternity action, mother seeks and is granted domestic violence restraining order prohibitng contact with herself and family. Mother and father try reconciliation but it fails...mother now feels courts won't take her situation seriously since she tried to reconcile. Mother seeks and gets temporary motion to relocate since father refuses to pay bills putting her and child on the street. Motion is granted, father appeals with emergency motion to stay, denied.
Mother moves to GA. Father is supposed to get a phone call from child every night at 8. Mother usually waits for him to call child (which is usually either a few minutes before 8 or as much as 10 minutes after 8). She has never prevented his speaking to his son. She waits for him to call so that his threats can be recorded....details coming. He spends most of his calls interrogating son about activities of mother and accusing the child of lying if he doesn't like the answer. "Where is your mother? Did she go anywhere? What time did she get home? Have you met her boyfriend yet? (She doesn't have one.) Did you go out for dinner? Who else was there? What time does your mother go to work? Is she by herself? Can you get her cell phone and look up who she's been talking to? Just don't let her see you or she'll get mad." When mother wasn't at home one night when he called the child (she was at store and 3 adults were at home with the child) he went berserk and told the child "The judge and court really won't like your mom out all night with her boyfriend." The next day his next questions was "Did you sleep with your Mom last night? Was anyone else there? What time did she come home?" He also told his 9 year old son that Mom was a tramp, a former stripper, and had had sex with over 200 men. To a 9 year old who doesn't know what sex even is.....nice.
He's called mother over 200 times in last month, as late as 2am. He put up a webpage with her name as the domain and put photos of her online. He sent her a text message with a photo taken from a video of them having sex he'd secretly recorded (did I mention the webpage has a video tab?). He keylogged 2 of her computers and sent extracts of her emails to her friends and family.
He's directly threated her, usually after losing a round in court. Threats have included "It would be a shame if you died.", "I'll do anything to get my son, if I have to kill you I will." She's now staying at my house (brother-in-law). He calls repeatedly at all hours of day/night. If she doesn't answer he "spoofs" his number so caller-id shows someone she'll answer (child's school, doctor, other adult children, etc).
Due to the threats and concern over how the 9 year old was acting following calls, she has started recording the calls between him and the child (which come in on her phone). He's promised the child every gift imaginable (including circus animals...no joke) and is demanding the child tell the judge and a psychologist that he wants to move back. He's constantly on the calls demeaning the mother and other family members. He told the child, "Don't tell your Mom or she'll stop me, but I'm going to surprise her tomorrow night and then bring you back here." The child was so afraid that he'd show up and hurt his mother that he cried and refused to speak to his father the next night. (Which of course sparked another 5 hours of harassing calls and abusive language.)
Father can visit here in GA but only with 15 days notice. He won't come here as he's a fugitive felon (4 arrest warrants here...) and awaiting trial on 15 more in FL. (These exclude the stalking charges mother has reported to police but are awaiting charges.)
Police here have told mother to record calls and they've been provided to law enforcement.
1. Under FL 934.03 does law enforcement telling mother to record the calls allow them to be used in court without his consent due to the statute exclusions?
2. Can she record calls between father and child due to his threats and her concern for the child? Is the law enforcement request enough or would this be vicarious consent? Is the family court going to have a big problem with this or will they consider the circumstances? Are the recordings admissible in family court?
3. If the recordings are inadmissible, can they be used by a court appointed psychologist who is evaluating the child for a parenting plan?
Your opinions and any supporting case law (FL) would be greatly appreciated.
OK...this will be a long intro to a short question. Some background:
12 year relationship, non-married parents, 9 year old child. Father has prior domestic violence history, attacks mother for 3rd time with child at home (tried to suffocate). Police are called. Father leaves, files paternity action, mother seeks and is granted domestic violence restraining order prohibitng contact with herself and family. Mother and father try reconciliation but it fails...mother now feels courts won't take her situation seriously since she tried to reconcile. Mother seeks and gets temporary motion to relocate since father refuses to pay bills putting her and child on the street. Motion is granted, father appeals with emergency motion to stay, denied.
Mother moves to GA. Father is supposed to get a phone call from child every night at 8. Mother usually waits for him to call child (which is usually either a few minutes before 8 or as much as 10 minutes after 8). She has never prevented his speaking to his son. She waits for him to call so that his threats can be recorded....details coming. He spends most of his calls interrogating son about activities of mother and accusing the child of lying if he doesn't like the answer. "Where is your mother? Did she go anywhere? What time did she get home? Have you met her boyfriend yet? (She doesn't have one.) Did you go out for dinner? Who else was there? What time does your mother go to work? Is she by herself? Can you get her cell phone and look up who she's been talking to? Just don't let her see you or she'll get mad." When mother wasn't at home one night when he called the child (she was at store and 3 adults were at home with the child) he went berserk and told the child "The judge and court really won't like your mom out all night with her boyfriend." The next day his next questions was "Did you sleep with your Mom last night? Was anyone else there? What time did she come home?" He also told his 9 year old son that Mom was a tramp, a former stripper, and had had sex with over 200 men. To a 9 year old who doesn't know what sex even is.....nice.
He's called mother over 200 times in last month, as late as 2am. He put up a webpage with her name as the domain and put photos of her online. He sent her a text message with a photo taken from a video of them having sex he'd secretly recorded (did I mention the webpage has a video tab?). He keylogged 2 of her computers and sent extracts of her emails to her friends and family.
He's directly threated her, usually after losing a round in court. Threats have included "It would be a shame if you died.", "I'll do anything to get my son, if I have to kill you I will." She's now staying at my house (brother-in-law). He calls repeatedly at all hours of day/night. If she doesn't answer he "spoofs" his number so caller-id shows someone she'll answer (child's school, doctor, other adult children, etc).
Due to the threats and concern over how the 9 year old was acting following calls, she has started recording the calls between him and the child (which come in on her phone). He's promised the child every gift imaginable (including circus animals...no joke) and is demanding the child tell the judge and a psychologist that he wants to move back. He's constantly on the calls demeaning the mother and other family members. He told the child, "Don't tell your Mom or she'll stop me, but I'm going to surprise her tomorrow night and then bring you back here." The child was so afraid that he'd show up and hurt his mother that he cried and refused to speak to his father the next night. (Which of course sparked another 5 hours of harassing calls and abusive language.)
Father can visit here in GA but only with 15 days notice. He won't come here as he's a fugitive felon (4 arrest warrants here...) and awaiting trial on 15 more in FL. (These exclude the stalking charges mother has reported to police but are awaiting charges.)
Police here have told mother to record calls and they've been provided to law enforcement.
1. Under FL 934.03 does law enforcement telling mother to record the calls allow them to be used in court without his consent due to the statute exclusions?
2. Can she record calls between father and child due to his threats and her concern for the child? Is the law enforcement request enough or would this be vicarious consent? Is the family court going to have a big problem with this or will they consider the circumstances? Are the recordings admissible in family court?
3. If the recordings are inadmissible, can they be used by a court appointed psychologist who is evaluating the child for a parenting plan?
Your opinions and any supporting case law (FL) would be greatly appreciated.
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