Recording conversations

[starbud99]

What is the name of your state?Colorado

Is the ex allowed to record conversations between me and my children? She just filed a paper saying that she has "proof" that i have brought the kids into the fighting. This is untrue, and I really dont care what she brings to the court, because I do not involve the children in out "adult" matters. I do not like the fact that she is recording everything. She does it right in front of the kids and the kids are afraid of what to say because she stands right there while it is on speaker phone recording. Is she allowed in Colorado?

Kids are 8, and 5

 

[GaAtty]

GaAtty

If she is going back to court for something that is the time to bring that out. Of course she is allowed, but the question is how much will it help her. It is likely to backfire. I am currently appointed as a guardian ad litem on a case in which a parent did the same thing, and I am not impressed. While I didn't care for the language of the parent who was recorded, I also thought it was outrageous that the parent doing the recording would have so little respect for their child's privacy rights ( not to mention the right of the other parent to privacy in their communications with their child). This is a poor example to the children of how an adult should behave, and what an adult should NOT do to show respect for others. I do not think her actions will help her.

 

[Pony1]

I thought that for something recorded to be admissible in court, they had to inform the person who was being recorded, before they did the recording. Did she do that?

 

[HCR]

recording in colorado

I'm in colorado and I have already checked this out with attorneys here.

In colorado, the rule is that as long as one person on the conversation knows they are being recorded then it is not only legal, it is admissable in court. For example, you and she are having a conversation, and she is recording it, but you don't know, she does and so it is admissable. The kids know she is recording them, and so it is legal. I bought all my recording stuff at radio shack in an attempt to catch my ex threating to kill/rape me and abuse our son. Figures that he never called after I spent the money

good luck trying to figure a way around this one. might want to check with your lawyer to figure out ways around this. Do you talk to the kids often on the phone? Since you know you are being recorded, can't you just keep the conversation about certain topics, that way your ex will get nothing and talk about important subjects in person?

 

[stealth2]

Considering the ages of the kids - they may not be able to give informed consent. Regardless, I'd bring it up in court - it rarely impresses the judge, unless there are seriously extenuating circumstances.

 

[starbud99]

question

From what I have researched in Colorado it is only a one party state, in the work that you do, is that a federal law, or does is only apply to where you live? Would that apply here?

 

[I AM ALWAYS LIABLE]

Considering the ages of the kids - they may not be able to give informed consent. Regardless, I'd bring it up in court - it rarely impresses the judge, unless there are seriously extenuating circumstances.

My response:

Stealth - - In many of your responses, you have a bad habit of using the made-up word, "noone".

Your assignment?

I want you to write "no one" 100 times - - and I don't mean "copy and paste" either! You are to physically type those two words 100 times.

IAAL

 

[LdiJ]

Phone issues fall under the Federal Communications' Commission, a federal agency. Federal laws (where applicable) trump local and state laws. I have not read the language regarding CO, but read it very carefully and see if it contains any language regarding the TYPE of recording & its' use.

You can certainly email or contact the FCC (www.fcc.gov) and ask them firsthand. Make sure you are very detailed as to the type of recording that was done, the device used, etc. They do not need to know the personal aspects -- just the technical aspects. What they tell you stands. If your state or local ordinances has any language/law that contradicts the FCC, it will be struck down.

Sorry, but you really are not correct on this one. That may be correct for your state if your state is a two party state. However many states are 1 party states, and the consent of only one party is needed. I am 100% certain of this one.

Now, many judges won't allow phone tapes to be entered into evidence anyway....or won't allow them unless transcripts have been made...but some will.

I do think however that the OP's situation is iffy. Like Stealth said, the children may not be considered old enough to give informed consent.

 

[HCR]

splitting hairs..

Hey,

Just wanted to pipe in that I checked this with the lawyer that I talked to ages ago and they said that it is legal in colorado. Not whether a judge would like it a whole lot..lol Now that the OP knows because the kids told him, it isn't as if in court he can say he didn't know...but the main point remains and this is it:

Don't talk to the kids about stuff on the phone that you don't want recorded. Even if you never ever are recorded, act as if you are and decide if the way and what you talk about with your kids will be looked on favorably by the ultimate judge if you so believe in that. What do you have to loose by thinking that way? Every interaction with children ARE recorded and re-played...by the children.

It isn't nice to have someone record your calls, but discuss with the kids the difference between what they should discuss in person and what can be discussed on the phone. Anything that they are unsure if it should be done on the phone, then have them tell you in person. Discuss school & friends & sports & how much you love and miss them on the phone and leave the deep discussions to personal interaction. Why not make it into a positive..set aside time one-on-one with each kid for your undevided attention to matters that they didn't feel they could discuss on the phone and then a joint session with both for things they both want to talk about together. Then go someplace cool. They might just grow up feeling heard by you and taken out of the middle of this "phone recording" crap without you ever having to confront the mom.

Good luck

HCR