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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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There is an audio recording of my 3 minor children arguing

Customer Question

There is an audio recording of my 3 minor children arguing with their father in a private home just after our divorce. My son is autistic and has very limited filter. My ex
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: The recording is now in the hands of another person not related who is replaying the recording in a public setting (a public school). Can I press charges and stop her? It's a very intimate conversation and emotionally disturbing for my children. We are in GA
JA: Has anything been filed or reported?
Customer: I am wanting to file a report against this woman. She may have obtained the recording from my exhusbands current wife.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's everything
Submitted: 1 month ago.
Category: Family Law
Expert:  Legalease replied 1 month ago.

Hello there --

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Do you have any idea why this is being played in a public forum like that? Did their father grant his permission for it to happen?

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MARY

Customer: replied 1 month ago.
The father says he has nothing to do with it; however, I believe his new wife might. The woman playing the recording is trying to embarrass me by claiming that my children are mentally ill - or as she has written "freaks"
She is in a very ugly custody battle and about to lose to her ex husband. He and I have been in a relationship for a year and we are both dedicated parents. Thus, we tend to do a lot of activities with our children. His ex wife somehow managed to obtain this recording that was made 3 years ago. Their attornies have already told her that the recording has no bearing on the custody case. Still, she played it out loud in the school. I just don't want my children embarrassed in their community with a recording of some very harsh words they said during an argument with dad in a private residence years ago. They should not have to defend themselves for being upset during a very difficult time in their lives. They were 7, 10, and 15 yrs old then.
Expert:  Legalease replied 1 month ago.

Hello again --

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Were the parties on the tape aware that they were being recorded at the time? You need the consent of at least one person to the conversation to actually tape the conversation in Georgia (some states require the consent of all participants -- many states require the consent of just one and GA is in that group). However, because the children were minors, there is an argument that they could not consent so the only valid consent would be from your ex husband. Was he aware of the recording?

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MARY

Customer: replied 1 month ago.
The recording was made by their father. That is not the issue. He had the right to record.. I understand that.
My question is can I press charges on this unrelated woman who played it out in a public area.... She somehow got the recording. Their father denies even knowing her. He did not give permission. She somehow (perhaps Their fathers current wife). Regardless how this person obtained the recording, I do have a statement from their dad stating that he did not give This woman permission to use the recording or to play it on public. And if course I did not give permission.
I just need to know how to, if I can, press charges against her for violating a minors right to privacy and also how to stop her from doing it again.
Expert:  Legalease replied 1 month ago.

Hello there --

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My suggestion is that you get an attorney yourself to send this woman a "cease and desist" letter regarding the tape and order her not to play it in a public setting or you will pursue a private lawsuit against her for defamation of character, invasion of the privacy of your children and harassment. A letter from the attorney may actually do the trick to get her to stop making this into a public display (also have your lawyer send a copy to her attorney in the divorce matter). Then, if she fails to heed the warnings, you can certainly file a lawsuit against her over these matters. However, as far as pressing criminal charges, the only real criminal issue here is if it was recorded illegally, which you say it was not.

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Please let me know if you have further questions. If not, can you please press a positive rating above in the rating section so I will be given credit for my time (the middle star and the fourth or fifth star to the right of the middle star is a positive rating). THANK YOU VERY MUCH

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MARY

Expert:  Legalease replied 1 month ago.

Hello again --

I note that you viewed my answers above yesterday afternoon. Please let me know if you have any additional questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you today? I do not receive any credit from Just Answer for helping you unless you press the middle star or the fourth or fifth star to the right of the middle star in the star ratings section above -- I genuinely appreciate it !! THANK YOU VERY MUCH !!

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MARY