Other parent recording a minor

[Reeni79]

Is it legal for my children's father to have his lawyer question and record our minor son and use it against me in court? I have 100% full custody of our children, signed and ordered by a judge, and this 'interview' was done without my knowledge or consent. Is it possible to have the recording thrown out as inadmissable because it was done without my permission? My son lied to get his 'father' to buy him school clothes, for goodness sake, and is willing to admit in court that he did so. I would rather spare him the humiliation of it if it is inadmissable. I do not have an attorney and we are going to trial soon. I don't know how to ask for that either.

His father is only doing this to get out of child support and is on probation right now for domestic violence, and was arrested for menacing threats to a family member of mine. He used this in court for the threats and I hadn't even known it existed until that point. Please help! This is in the state of Ohio.

 

[Proserpina]

Is it legal for my children's father to have his lawyer question and record our minor son and use it against me in court? I have 100% full custody of our children, signed and ordered by a judge, and this 'interview' was done without my knowledge or consent. Is it possible to have the recording thrown out as inadmissable because it was done without my permission? My son lied to get his 'father' to buy him school clothes, for goodness sake, and is willing to admit in court that he did so. I would rather spare him the humiliation of it if it is inadmissable. I do not have an attorney and we are going to trial soon. I don't know how to ask for that either.

His father is only doing this to get out of child support and is on probation right now for domestic violence, and was arrested for menacing threats to a family member of mine. He used this in court for the threats and I hadn't even known it existed until that point. Please help! This is in the state of Ohio.

All that was needed was Dad's consent.

And really - there's no need for 'father'. It's just father. Or Dad.

 

[Antigone*]

Is it legal for my children's father to have his lawyer question and record our minor son and use it against me in court? I have 100% full custody of our children, signed and ordered by a judge, and this 'interview' was done without my knowledge or consent. Is it possible to have the recording thrown out as inadmissable because it was done without my permission? My son lied to get his 'father' to buy him school clothes, for goodness sake, and is willing to admit in court that he did so. I would rather spare him the humiliation of it if it is inadmissable. I do not have an attorney and we are going to trial soon. I don't know how to ask for that either.

His father is only doing this to get out of child support and is on probation right now for domestic violence, and was arrested for menacing threats to a family member of mine. He used this in court for the threats and I hadn't even known it existed until that point. Please help! This is in the state of Ohio.

Why wouldn't dad have the right to ask his attorney to record such a conversation? Mind you I think what dad has done is reprehensible but I do not see that it is illegal.

 

[StayGravity]

My son lied to get his 'father' to buy him school clothes, for goodness sake, and is willing to admit in court that he did so. I would rather spare him the humiliation of it if it is inadmissable.

Wait your son lied to his father and instead of teaching this child a lesson you want to spare him humiliation of telling the judge he lied? That sounds convoluted to me.

The father has every right to have a lawyer talk to your son and be recorded. His rights are not terminated because you have full custody.

 

[mistoffolees]

All that was needed was Dad's consent.

And really - there's no need for 'father'. It's just father. Or Dad.

Although there could be some questions of admissibility raised.

 

[LdiJ]

Although there could be some questions of admissibility raised.

I agree. Its not the sort of thing that judges are usually willing to hear. That is what a GAL or in camera interviews are for.

 

[Ohiogal]

Although there could be some questions of admissibility raised.

ON what basis will it be thrown out or inadmissible?

 

[Proserpina]

ON what basis will it be thrown out or inadmissible?

I'm curious too, OG . Even if OP had sole legal custody, Dad would still be allowed to do this, yes?

I'm not understanding why Mom having sole legal custody (if that is the case) would make the recording inadmissible (if I'm understanding misto correctly).

 

[mistoffolees]

ON what basis will it be thrown out or inadmissible?

I didn't say it WOULD be, just that it could be. A few things that come to mind:

1. Child was in Dad's attorney's office with Dad present. Child could have been under duress, making the testimony useless.

2. Barring testimony of a voice analysis expert, how do they know it was the child speaking and not a paid actor? (and even with an expert, there would be no guarantee).

3. How do they ensure that the tape wasn't doctored to take things out of context?

The first one is really the big one. It is easy to get a child to say what you want him to say.

 

[LdiJ]

I didn't say it WOULD be, just that it could be. A few things that come to mind:

1. Child was in Dad's attorney's office with Dad present. Child could have been under duress, making the testimony useless.

2. Barring testimony of a voice analysis expert, how do they know it was the child speaking and not a paid actor? (and even with an expert, there would be no guarantee).

3. How do they ensure that the tape wasn't doctored to take things out of context?

The first one is really the big one. It is easy to get a child to say what you want him to say.

I agree with you. I have seen more than a handful of cases (even gpv cases) where parents have tried to use recordings of children, and almost universally the judges have been uninterested in hearing them unless they were something like 911 tapes.

Judges are far more interested in GAL reports or in camera interviews of children.

 

[Proserpina]

Do we actually know whether it was just audio? OP didn't specify.

And really - if the child lied to gain whatever it was, why should the child be believed when he goes on the stand to admit to lying?

I have a feeling there is far more to this story. Far, far more.

 

[CJane]

And really - if the child lied to gain whatever it was, why should the child be believed when he goes on the stand to admit to lying?

I have a feeling there is far more to this story. Far, far more.

I agree. There's also more going on with a child who is so willing to lie and manipulate in order to gain materially. I mean, if OP is to be believed, this child lied to Dad AND Dad's attorney AND did it while being recorded JUST so he could get more clothes?

THAT'S an issue.

 

[Proserpina]

I agree. There's also more going on with a child who is so willing to lie and manipulate in order to gain materially. I mean, if OP is to be believed, this child lied to Dad AND Dad's attorney AND did it while being recorded JUST so he could get more clothes?

THAT'S an issue.

I agree completely with what you've said here.

I'm also going to speculate just a little.

I suspect kiddo told Dad and attorney that Mom isn't clothing him adequately, and Dad is going to try and use that to show that Mom is unfit.

I hate speculating - but that explanation would fit. No pun intended.

 

[Reeni79]

My reply to posts

Yes, my son lied to get more clothes from his father. It is a pattern. My son has to say what his father wants to hear to get anything from him at all. It was clothes this time - but in the past it has been for a Christmas present his father taunted him with, shoes, money, etc. It is wrong for my son to lie, however, I had no idea it was this extensive as it was done behind my back. I knew nothing of it until my son told me after I heard the tape. I feel like I have been betrayed for material possessions, and I am disgusted by it, but of course I want to save him the humiliation. He is still my son. My son has a lot of anger issues and emotional problems, is very manipulative, and he wants a father. No matter how badly he is treated and used, he settles for it because that is all he gets from his father. (I used 'father' because he is not a parent, nor has he ever been, to my children.)

There was supposed to be a GAL, but I don't think he has paid her deposit yet so it's up in the air, honestly. I think he knows that it would not be in his best interest to have a GAL investigate him. I am all for it. I know I am a good mother with a nice house, good schools, and access to counseling, help at school, and a lot of family very near by. My children are taken care of. I am NOT unfit. Their father knows all of this, and has told my children so when we were on good terms, but the minute he doesn't like something I say, it all changes again. He has mental issues, monumental mental issues, possibly a megalomaniac. I am not insulting him with this - I truly believe he may have this condition. He definitely exudes all of the symptoms for it.

There is far more to this story, but I won't post all of my business in a public forum. Suffice to say that my children have went through years of torture, emotionally, verbally, and on a few occasions, physically, at the hands of their psychotic father. It has been a nightmare since he got out of prison. But, children are known to be easily persuaded to say and do what a parent expects, and in my case, my son just wants a father so much that he is willing to take what he can get. As far as clothing, he has clothes, but he is a picky teenager with expensive tastes that a single mother cannot afford. His drug dealer father can, though. Does that answer any of your questions?

 

[Ohiogal]

I didn't say it WOULD be, just that it could be. A few things that come to mind:

1. Child was in Dad's attorney's office with Dad present. Child could have been under duress, making the testimony useless.

Nothing to do with admissibility but rather weight of the evidence.

2. Barring testimony of a voice analysis expert, how do they know it was the child speaking and not a paid actor? (and even with an expert, there would be no guarantee).

Dad could testify it was his son as could mom. And again, that goes to WEIGHT of the evidence.

3. How do they ensure that the tape wasn't doctored to take things out of context?

Weight of the evidence.

The first one is really the big one. It is easy to get a child to say what you want him to say.

It is also easy to use this tape to get an in camera with the judge. Though quite frankly the weight of this is more suspect than the admissibility. Hearsay could be an issue however.