No answer to this one

[candg918]

Not a legal answer but a practical one: He might want a contingency plan - drop-in childcare if available on base or an individual who is qualified and can babysit on short notice - so he doesn't get into trouble with his command. Since paperwork is generally required for childcare services, he should have it set-up in advance even if he never has to use it; it demonstrates his responsibility as well as takes some of the stress off him - and even creates and objective paper trail.

 

[BelizeBreeze]

Well, you could avoid that mess altogether IF the state you live in is a one party state for recording phone calls. He could call her up, and ask when she is coming to get the child, and when she says, on tape, that she is not going to pick up child, but is going to a party, then he could use that as evidence when he files a petition for custody.

Whether it is legal or not to record a telephone conversation has no bearing on it's legitimacy for being admitted into evidence in a court of law.

 

[casa]

Whether it is legal or not to record a telephone conversation has no bearing on it's legitimacy for being admitted into evidence in a court of law.

I have had the opposite experience BB. I think it depends on the judge's perception of the parties overall behavior.

 

[stepmom&mom]

It could be legitimate if the NCP is requesting a change in custody and is trying to show that the CP has lack of interest in caring for the child and that they (the NCP) are always available for the child. However, this would only work if this is something that happens all the time and the NCP is providing the majority of the care, not if this is a one time deal.

 

[BelizeBreeze]

I have had the opposite experience BB. I think it depends on the judge's perception of the parties overall behavior.

YOu didn't read the statement correctly. I said that whether or not the recording is obtained legally doesn't matter. It does not come into play in civil matters.

ONLY that the matter recorded is relevant to the issues being adjudicated.

 

[casa]

YOu didn't read the statement correctly. I said that whether or not the recording is obtained legally doesn't matter. It does not come into play in civil matters.

ONLY that the matter recorded is relevant to the issues being adjudicated.

Well, then this may come in handy~ Do you mean one could mention they have a recording of Xperson stating such & such...which brings the information to the attention of the court, without filing the tape (s) into evidence?

Not to hi-jack (hopefully the info. will help OP also)...but for example; I had a recording pending an RO...was told in Family Court it could not be used in the proceedings- though the recordings after the RO was in effect, were allowed.

Clarify please if you don't mind.

 

[BelizeBreeze]

Well, then this may come in handy~ Do you mean one could mention they have a recording of Xperson stating such & such...which brings the information to the attention of the court, without filing the tape (s) into evidence?

What are you smoking? No, that has nothing to do with what I said. THe legality of the recording is NOT a paramount issue when presented as evidence. Even if the recording was illegally obtains, under some circumstances it CAN be admitted into evidence.

Not to hi-jack (hopefully the info. will help OP also)...but for example; I had a recording pending an RO...was told in Family Court it could not be used in the proceedings- though the recordings after the RO was in effect, were allowed.

Clarify please if you don't mind.

Because the recordings may have been illegally obtained in which case, this particular judge didn't want to hear them. HOWEVER, once you obtained the RO, then ANY call made to you from the party noticed in the RO is a violation and subsequently may be recorded on the criminal activity exception.

 

[casa]

What are you smoking? No, that has nothing to do with what I said. THe legality of the recording is NOT a paramount issue when presented as evidence. Even if the recording was illegally obtains, under some circumstances it CAN be admitted into evidence.

Because the recordings may have been illegally obtained in which case, this particular judge didn't want to hear them. HOWEVER, once you obtained the RO, then ANY call made to you from the party noticed in the RO is a violation and subsequently may be recorded on the criminal activity exception.

I smoke Marlboro Lights

I have heard judges use very harsh words to people who try to submit illegal recordings. IF you think there is 'some circumstance' where it is possible for the OP~ then you should state what that is.