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California Penal Code 273d PC punishes the act of physically injuring or imposing cruel physical punishment on a child...more commonly referred to as child abuse. Examples would include slapping a child so hard as to leave a mark or bruises, or beating a child to discipline them. Therefore, waking them up from a nap early doesn't rise to the legal definition of abuse, nor does giving them the wrong dose of medicine, though that could be child neglect if your son were to suffer injury from his failure to follow proper instructions regarding dosing.
The crime of California child endangerment occurs when someone:
- Causes or permits a child to suffer unjustifiable physical pain or mental suffering,
- Willfully causes or permits a child in their care to be injured, or
- Willfully causes or permits a child to be placed in a dangerous situation.
With respect to recording, California is known as a “two-party” state, which means that recordings are not allowed unless all parties to the conversation consent to the recording.
Under Penal Code § 632(c), “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. In other words, a recording in your home requires your consent because there is an expectation of privacy when it's just the two of you. A recording at a restaurant, where there are a lot of people around, and no expectation of privacy, does NOT require consent to record.
Your ex should not be recording you without your consent and is actually breaking the law in doing so by recording you in private if you have expressed to him not to do so. If he continues to do so, you may wish to consider filing a police report.