Privacy

[suppermom57]

What is the name of your state? Wisconsin

I have joint custody with my ex-husband- he has placement. We have been divorced for 13 years and he and I are both remarried. My problem is with his new wife....I have had problems with her for many years, but my most recent is her "taping" my phone calls with my children.

My daughter is 15 and a typical teen......she found her stepmother taping our phone calls and brought the tape with her on her last visit. Is there anything legally I can do? Invasion of privacy? Or any other charges? In our divorce papers, it states that I and my ex have the freedom to speak to our children, without any supervision.

I am at a loss of what to do and I am tired of "stepmom" budding into my relationship with my children.

PLEASE- ANY ADVICE WILL HELP!!!!!

 

[ANNA FALACTIC]

What is the name of your state? Wisconsin

I have joint custody with my ex-husband- he has placement. We have been divorced for 13 years and he and I are both remarried. My problem is with his new wife....I have had problems with her for many years, but my most recent is her "taping" my phone calls with my children.

My daughter is 15 and a typical teen......she found her stepmother taping our phone calls and brought the tape with her on her last visit. Is there anything legally I can do? Invasion of privacy? Or any other charges? In our divorce papers, it states that I and my ex have the freedom to speak to our children, without any supervision.

I am at a loss of what to do and I am tired of "stepmom" budding into my relationship with my children.

PLEASE- ANY ADVICE WILL HELP!!!!!

Unless you have proof that it's her doing the taping, you have nothing except a recorded conversation. Hell, it could have been your daughter doing the taping for all you know!

 

[Zephyr]

how about talking with dad about your concern?

 

[suppermom57]

How would I get proof other than my daughter. My daughter is also pissed that she has been doing this....you can tell the tape has been edited and my husband thinks it's a voice activated tapping system. The tape also has my daughter and her boyfriend on it, so I hardly doubt she would of taped it and gave it to me. My daughter did confront the stepmom and she did say she did it.

 

[suppermom57]

Dad and I don't get along.....I don't think I would get anywhere with Dad.

 

[suppermom57]

What if I get proof from stepmom eithe by email or IM that she did tape the conversation?

 

[Zephyr]

What if I get proof from stepmom eithe by email or IM that she did tape the conversation?

well... then you would have proof....

 

[stepmom&mom]

Here is the Wisconsin statutes on this:

http://www.rcfp.org/taping/

Wis. Stat. § 968.31: A person who is a party to a wire, electronic or oral communication, or who has obtained prior consent from one party, can legally record and divulge the contents of the communication, unless he does so for the purpose of committing a criminal or tortious act.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Wis. Stat. § 968.27.

Effective Feb. 1, 2003, the punishment for recording or disclosing the contents of a conversation without the appropriate consent is imprisonment for up to six years and/or a criminal fine of up to $10,000. Wisconsin law expressly authorizes civil damages for violations and allows recovery of the greater of actual damages, $100 for each day of violation or $1,000, along with punitive damages, litigation costs and attorney fees.



I don't think you are going to be able to do much about this.

 

[CJane]

I don't think you are going to be able to do much about this.

It might fall pretty squarely into the 'If you're not saying anything you'll regret later, don't worry about it, and if you ARE, stop it' class too.

 

[BelizeBreeze]

well... then you would have proof....

And that is WRONG!

 

[Zephyr]

you do, of course, have the option of getting you and your daughter cell phones....eliminate the ability to record the calls

 

[suppermom57]

I guess I'm not understanding the Wi statute......it says that you can't tape unless one party consents to it.....neither my daughter or I gave consent.

I'm just so pissed that she can do this and get away with it!!!

 

[BelizeBreeze]

Now let's try to get a legal basis for and answer to the ORIGINAL question of the recording.

First, any IM or e-mail confirmation that the recording was carried out by a third-party, even from the third-party's IM or e-mail account, is heresay at best.

The party petitioning for inclusion of the 'proof' must also substantiate to the court that the proof eminated not only from the third-party's account, but that the third-party was the person who actually uttered the contents of such electronic proof.

That is either difficult or impossible to prove given the annonymous nature of the internet.

Next, Individuals and businesses that make surreptitious recordings often do so with the expectation that the recordings will be useful as evidence. Such recordings are subject to significant barriers to use as evidence.

First, if made in violation of either federal or state law, the recordings will almost certainly be inadmissible.

Second, even if lawfully recorded, the tapes will be exempt from the hearsay rule and will not, in most jurisdictions, be usable for impeachment. Anyone contemplating an evidentiary use of surreptitious recordings should consult with an attorney prior to making the recording.

As to the 'Implied Consent' doctrine allowing third-party recordings, there is insufficient fact in this post to say anything regarding the 'legality' of the recording based on either Wis. Stat. § 968.31 or 18 USC 2510, et seq, The Electronic Communications Privacy Act of 1986.

 

[suppermom57]

Ok....I'm getting that I can't press any legal charges....let's change it to family court. Could I get contempt charges for going against our divoce agreement. That states that our conversations are open between our children and that there is no supervision on our calls.

 

[Zephyr]

Ok....I'm getting that I can't press any legal charges....let's change it to family court. Could I get contempt charges for going against our divoce agreement. That states that our conversations are open between our children and that there is no supervision on our calls.

she is not a party to your court order, so no