Video Tape evidence?

[shaggin]

What is the name of your state? California I currently have full custody of my 12 year old son and my ex has him every other week end no overnights. We are awaiting evidentiary hearing in July, the evaluator had finished and my ex objected to his recommendation. My ex requested that our son see the evaluator once again and my attorney said we should comply. I brought him on one appointment and my ex brought him on another. We recieved a request from my ex's attorney to stipulate a video tape that was made while my ex had him on visitation. The evaluator refused to look at without my consent. Apparently my ex sat my son down and video tapped him and had him say that he wants to live with his dad. My attorney thinks we should stipulate to him seeing it and said that it will be shown in court anyway to the evaluator and we don't want him to be surprised. How could this tape possibly meet evidentiary requirements and could they show this in Court? Wouldn't I have had to give my concent to him being video taped? Anybody that can site any law we can use to keep this tape out of court would be very helpful, I wish I could switch attorney's but we are too close to trial. This case has been going on for 1 1/2 years now.

 

[BelizeBreeze]

What is the name of your state? California I currently have full custody of my 12 year old son and my ex has him every other week end no overnights. We are awaiting evidentiary hearing in July, the evaluator had finished and my ex objected to his recommendation. My ex requested that our son see the evaluator once again and my attorney said we should comply. I brought him on one appointment and my ex brought him on another. We recieved a request from my ex's attorney to stipulate a video tape that was made while my ex had him on visitation. The evaluator refused to look at without my consent. Apparently my ex sat my son down and video tapped him and had him say that he wants to live with his dad. My attorney thinks we should stipulate to him seeing it and said that it will be shown in court anyway to the evaluator and we don't want him to be surprised. How could this tape possibly meet evidentiary requirements and could they show this in Court? Wouldn't I have had to give my concent to him being video taped? Anybody that can site any law we can use to keep this tape out of court would be very helpful, I wish I could switch attorney's but we are too close to trial. This case has been going on for 1 1/2 years now.

Unless your ex has had his parental rights terminated then he is still a parent and under the law, can give consent for the child to be taped. I suggest you listen to your attorney.

 

[casa]

What is the name of your state? California I currently have full custody of my 12 year old son and my ex has him every other week end no overnights. We are awaiting evidentiary hearing in July, the evaluator had finished and my ex objected to his recommendation. My ex requested that our son see the evaluator once again and my attorney said we should comply. I brought him on one appointment and my ex brought him on another. We recieved a request from my ex's attorney to stipulate a video tape that was made while my ex had him on visitation. The evaluator refused to look at without my consent. Apparently my ex sat my son down and video tapped him and had him say that he wants to live with his dad. My attorney thinks we should stipulate to him seeing it and said that it will be shown in court anyway to the evaluator and we don't want him to be surprised. How could this tape possibly meet evidentiary requirements and could they show this in Court? Wouldn't I have had to give my concent to him being video taped? Anybody that can site any law we can use to keep this tape out of court would be very helpful, I wish I could switch attorney's but we are too close to trial. This case has been going on for 1 1/2 years now.

I think the evaluator will see that Dad has manipulated son by videotaping him. And I agree with BB, listen to your attorney~he knows the courts/judge/evaluator best.

 

[graciousduncan7]

What is the name of your state? California I currently have full custody of my 12 year old son and my ex has him every other week end no overnights. We are awaiting evidentiary hearing in July, the evaluator had finished and my ex objected to his recommendation. My ex requested that our son see the evaluator once again and my attorney said we should comply. I brought him on one appointment and my ex brought him on another. We recieved a request from my ex's attorney to stipulate a video tape that was made while my ex had him on visitation. The evaluator refused to look at without my consent. Apparently my ex sat my son down and video tapped him and had him say that he wants to live with his dad. My attorney thinks we should stipulate to him seeing it and said that it will be shown in court anyway to the evaluator and we don't want him to be surprised. How could this tape possibly meet evidentiary requirements and could they show this in Court? Wouldn't I have had to give my concent to him being video taped? Anybody that can site any law we can use to keep this tape out of court would be very helpful, I wish I could switch attorney's but we are too close to trial. This case has been going on for 1 1/2 years now.

I would let the evaluator see the tape. Your ex is obiviously trying to manipulate your son if he has to video tape him saying something. If your son really wanted to live with his dad he would have let you know this and the evaluator when he met with him twice. Hopefuly the evaluator and the judge will see this. good luck!

 

[snostar]

Do as your attorney advised. Once the tape gets passed from party to party there should be be documentation of chain of custody (this is often not done properly). Without this proper documentation your attorney can argue the authenticity of the tape. Be sure to speak to your attorney about the chain of custody.