Other parent recording a minor

[Ohiogal]

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.

How about cites?

 

[Ohiogal]

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?

File for an in camera so that the JUDGE can speak directly to your child. Megalomaniac? Really? That is a condition in the DSM IV? What are your credentials to be able to diagnose him? Even though ethically you are not supposed to be diagnosing family or those you are close to due to bias even if you are qualified.

 

[mistoffolees]

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




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


Weight of the evidence.



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.

That was my point. It is quite possible that it would be totally useless.

PARTICULARLY since putting the child on camera in front of Dad and his attorney would clearly be duress.

 

[Ohiogal]

That was my point. It is quite possible that it would be totally useless.

PARTICULARLY since putting the child on camera in front of Dad and his attorney would clearly be duress.

It doesn't mean however that it is inadmissible. Weight of the evidence and admissibility are two different things. If I were mom, I would be requesting an in camera interview with the judge if dad tries to submit the video. That way the judge talks DIRECTLY to the child and can have a conversation about matters INCLUDING the video directly with the child.

Would it be admissible -- maybe. Maybe not. Hearsay comes to mind. HOWEVER, there may be ways of admitting the video that does not get to the TRUTH OF THE MATTER ASSERTED. OH and to whoever reported my post -- I stand by what I said. OP is NOT in the position to determine any diagnosis for her ex.

 

[thespecialistkc]

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.

One of the first things said to me in a parenting class: "Children are self centered and manipulative. If you think it was bad before, just wait until the separation."

No legal bearing. Proceed.