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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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on january 15th there was a hearing regarding custody. That

Customer Question

on january 15th there was a hearing regarding custody. That morning in court my x wife revealed interecepted texts and calls between me and my 15 year old daughter. At the hearing due to the angry nature of the texts, the judge restricted my access from weekends to sundays only. HE CLEARLY SAID no more taping. Then in July when I asked for vacation time I found out through the mediator that she had continued taping and had content that had an angry dad again. Maybe one in 100 calls. The mediator then said he had the tape and I would not get more time. However the idiot didnt know the court said no taping since he didnt read the court hearing summary apprarantly. The meidatorthen wrote the court and asked taping to be allowed once he realised my x bum-rushed him and he wrongly assumed taping was ok. My lawyer was forced to write to the court and say/ask do not allow it. Taping is harming mother daughter relations irreparably and she is blaming me for it. I have been going to counsling for months to work on my parenting skilLs and reactivity to mothers antics. My question is, how will the judge see this? She violated his instructions. Not just taping but trying to prevent me from watching my daughter on the track field at the high school, then overtly taking my picture in front of my daughter who was very upset by this. my x does what she pleases and ingore court rules. so far she has gotten away with it. the question is will the judge uphold the rule to not tape calls and/or will he repramand her or will he go wit the mediators request to retroactively allow taping
thank you
jim
Submitted: 3 years ago.
Category: Family Law
Expert:  Lady Themis replied 3 years ago.

How is she recording the phone calls?

 

 

Customer: replied 3 years ago.
she locks herself in her bedroom with an attached office and likely hits speaker then starts the recorder. everytime my daughter makes a call, her mother runs into her bedroom and locks herself in. my daughter is almost 16. she hates what her mother is doing and asdsumes ALL her calls are taped to others too. She is not in danger or anything like that either. She is an honors student. it has gone on for almost two years and my daughter essentially has no privacy, her mother eavesdrops on everything she does.
Expert:  Lady Themis replied 3 years ago.

This most likely violates wiretapping laws as to you, because you don't consent to the recordings and a minor does not have the capacity to consent to being recorded. Further than that, the judge ordered that she was to stop recording the phone calls, whether or not the mediator advised her to continue doing so. A mediator doesn't make orders.

 

The judge may agree with the mediator that it is somehow in the child's best interest to record the phone calls. The alternate argument would be that she was ordered to refrain from doing so and is therefore in contempt of a court order. Further, recording the phone calls interferes with the parent's ability to communicate openly with the child and develop a relationship in private. I can't say what this particular judge will do, but those are the opposing arguments.

 

I hope this information is helpful. Please let me know if you have any follow up questions.

 

 

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