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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7113
Experience:  Experienced Family Law Attorney
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I am in the middle of a custody battle where there is clear

Customer Question

I am in the middle of a custody battle where there is clear parental alienation of my child there is a temporary order in place the prohibits either of us from videoing or tape recording conversations with the child, the mother speaks spanish to the child whenever she is giving him instruction and does not want anyone to hear and his attitude changes dramatically, I feel very strongly that she is coaching the child, hypothetically speaking If I were to get this on tape of her for "example" saying something like tell daddy if he asks if you are ok you so no I am not or say your sick or something along those lines would that be admissable or fall under the category of vicarious consent or would it be considered illegal and inadmissable
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

If the order specifically states that recording/videoing is not permitted, to do so would be a direct violation of the court order, which would likely result in a contempt charge ( a knowing and wilful violation of a court order) which can have serious reprecussions- ie sanctions such as fine, an award of attorney fees, even jail time)

Rather, the legal way to submit this information would be via declaration/affidavit; the change in the child's demeanor could be noted in the document, along with any recognized spanish words (if possible). Any supporting affidavits from witnesses would also be helpful.

The judge could then make a determination based on the declaration/affidavit, and may choose to have the child evaluated by a therapist or even in chambers, to determine if there is parental alienation.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 5 months ago.
I am sorry I think i am a little confused are you saying that if I had a tape recording in my possession that was clearly parental alienation then I would submit an affidavit/Declaration saying that I had it in my possession and then the judge would decide what to do from that point?
Expert:  LegalGems replied 5 months ago.

No, because any reference to an act that is in violation of a court order can be used as a basis for contempt; if one has personally observed the behavior, that can be the basis for the declaration - or if third party witnesses have made similar observations, they can submit an affidavit.

but if one observes the action independently of any video, then that can be the evidentiary basis for the declaration.

Expert:  LegalGems replied 5 months ago.

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