Is it Legal or Not?

[VicLyn]

What is the name of your state? NE

To record conversations with EX if they do not know they are being recorded?
EX is not abiding by decree in regards to minor child. I do have full custody of minor child

 

[Ohiogal]

What is the name of your state? NE

To record conversations with EX if they do not know they are being recorded?
EX is not abiding by decree in regards to minor child. I do have full custody of minor child

Nebraska is a one party state. However who is in the conversation with EX? Where is ex located?
Judges do NOT like when one party records the other without their knowledge. Those recordings are two easily discredited and two easy to set up. You, knowing it is being recorded, are sweet as pie and innocent and play the angel and saint, all the while setting up ex to come across as a jerk.
If ex is talking to child you cannot tape that conversation. YOu should also not be eavesdropping on the phone with ex and minor child. How is ex not abiding by the decree?

 

[rmet4nzkx]

What is the name of your state? NE

To record conversations with EX if they do not know they are being recorded?
EX is not abiding by decree in regards to minor child. I do have full custody of minor child

Nebraska is a one party state so you can record without telling him, expect that he may be doing the same.

 

[Ohiogal]

Nebraska is a one party state so you can record without telling him, expect that he may be doing the same.

Not necessarily! She can record him IF she is the other party to the conversation and HE is in the state of Nebraska. If he is calling on the phone and is out of state or on a cell phone it gets a lot trickier and she may be breaking the law. If he is talking to the child she CANNOT record the conversation without telling him or even if she tells him.
I know you know that Rmet but OP doesn't.

 

[VicLyn]

He has left all messages on voice mail systems, either home answering machine, work voice mail and cellphone voice mail, so I have all these saved/recorded.

He does live within the state of NE. He only has himself a cellphone, that is the only means of communication I and our daughter have with him, he does not have a "home" phone line. The conversations have only been bewteen him and myself, but like I mentioned he's left voice mail messages that i do have saved.

I have never recorded a conversation between him and my daughter.

 

[Ohiogal]

He has left all messages on voice mail systems, either home answering machine, work voice mail and cellphone voice mail, so I have all these saved/recorded.

He does live within the state of NE. He only has himself a cellphone, that is the only means of communication I and our daughter have with him, he does not have a "home" phone line. The conversations have only been bewteen him and myself, but like I mentioned he's left voice mail messages that i do have saved.

I have never recorded a conversation between him and my daughter.

Cell phones may fall under FCC regs which is federal law and that is trickier so you need to be very careful. Voice mails are not bad but courts HATE when parents record each other. Voice mails at least the person has consented to being recorded because they leave a message.

 

[wldtrvler]

Why would you have to record anything anyways? Judges don't care for recordings anyways - or messages, unless they are threatening of course. The party that almost always prevails is the one that documented it the best in writing. If you have a conversation, writie it down as close to verbatim as you can, and send it to him as a confirmation of your discussion. If he disagree's, make him do it in writing. The he says she says are a waste of time and your money.

 

[stealth2]

Why would you have to record anything anyways? Judges don't care for recordings anyways - or messages, unless they are threatening of course. The party that almost always prevails is the one that documented it the best in writing. If you have a conversation, writie it down as close to verbatim as you can, and send it to him as a confirmation of your discussion. If he disagree's, make him do it in writing. The he says she says are a waste of time and your money.

And a written doc isn't much more than a s/he says. The other party is under no obligation to respond or provide corroboration.

 

[wldtrvler]

This is true in part. However it does establish the context of the communication and establish patterns that show reasonable cause. In many circumstances, unless its the blatant admittance of a crime, the absence of a response can be and damaging in an opinion as the actual document. Seen it a hundred times.

 

[GrowUp!]

Why would you have to record anything anyways? Judges don't care for recordings anyways - or messages, unless they are threatening of course. The party that almost always prevails is the one that documented it the best in writing. If you have a conversation, writie it down as close to verbatim as you can, and send it to him as a confirmation of your discussion. If he disagree's, make him do it in writing. The he says she says are a waste of time and your money.

This is not necessarily true. Whether it's writings, legally recorded phone messages or smoke signals, it's all in the context and how it's actual evidence or BS.

 

[stealth2]

It establishes context according to one party only. In general, courts won't give that much weight.

I'm curious, though (slightly O/T) - if you've seen these sorts of things "hundreds of times", how is it you didn't know that holiday/vacation time overrides regular parenting time? Hmmm?

 

[BelizeBreeze]

O.K. let's backup. First, the cell phone conversations DO fall under FCC 18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986.

Second, how old is your daughter?

and third, where was your ex during each and every one of these recordings?

 

[GrowUp!]

O.K. let's backup. First, the cell phone conversations DO fall under FCC 18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986.

I just read the ECPA last week for something work related -- and I just gotta say: damn, you're good!

 

[acmb05]

Ok since he is leaving voice mail messages then he has consented to the recording and it does not matter if he uses a cell phone or a land line, however if you are recording conversations betweent the two of you then it is illegal to record a conversation if he is using a cell phone even if you are on a land line.

I do believe that the parent can give consent for the minor child and record any conversations she may have with the other parent as long as you are in a one party state. It is not adviseable though unless the parent is makeing threatening statements.