Audio Evidence

[IndyDad1on1]

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

Audio evidence is really hard to get admitted. Anyone ever use "in Limine to allow" in bench trial civil proceedings?

Story Short Version:

Ex has extreme anger problems and during the divorce the kids were too young to be able to speak of what was going on. Over the years I have collected recordings of the kids repeating neg things their mom has said. Then one day the kids started talking about physical abuse. That as well as all my convos with them and their mother started getting recorded (note: single consent state and I am always a party of the convos). I do have the GAL report on my side but since I motioned the hearing, wanted to present some, or as much of, the relevant recordings as possible.

This will take alot of the hearsay out of the case and show the courts that what I had noted on recorder 6 years ago did happen and is still happening. Mom is a high conflict parent and its starting to get more known as time goes on.

So there is the story in a nutshell. Thought about having the most relevant records transcribed in depo form and notarized by an independent company.

Any thoughts?

 

[stealth2]

That as well as all my convos with them and their mother started getting recorded (note: single consent state and I am always a party of the convos).

Are you a party to the kids' conversations with Mom via court order, or just because you have deciuded to be? I can see the latter causing the judge to be somewhat perturbed.

 

[IndyDad1on1]

Just mine.

Sorry should have been more clear on that.

I only record my conversations with the kids and my conversations with their mom. No recordings of the kids and their mom. A few years ago I put the kids on my cell phone plan. She now calls their phone when she wants to talk to them. In no way do I want or will I violate their private communication with their mom.

 

[ecmst12]

Just to be extra clear...your kids said stuff about physical abuse, but instead of contacting CPS or the police, you just recorded what they said?

 

[IndyDad1on1]

I said short version. We are back in court now. The kids stated their mom slammed them against a wall about a year ago. Kids had no physical signs of abuse. I filled a police report that same day the kids told me and played the recording. Police funneled the report up.

2 days later I checked with CPS in the jurisdiction. They had no report of it. I contacted the kids school and asked that the school counselor talk to them. Kids made the same claim to them. With in a day I filed motion to mod siting. Orig GAL was brought back in. GAL is investigating if school notified CPS as required by law and if not why. Also investigating if CPS was notified, why they didn't respond. However I can tell you from knowing many of them that Indiana has now merged all the offices into one and they are extremely overwhelmed and under staffed so they take the recent threatening cases as priority .

Not saying I agree but thats what I've been told. I knew that since it wasn't recent that I needed someone like the school to validate it as well. Also needed to open up a resource for the kids to have someone to go to since their mom tells them that this kind of stuff needs to stay in the home and that they are not allowed to talk about it.