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My babies father came to my home, while he was here he

Customer Question
installed a hidden wireless camera...
My babies father came to my home, while he was here he installed a hidden wireless camera which he then had live streaming to his cell phone! It was active over a week before I found it! He is sharing the contents of what he recorded with other people! He is also threatening to give the contents to child welfare if I don't let him have full access to our daughter! What is the law in Ontario regarding someone installing a hidden camera in a home he does not reside in?
Submitted: 2 months ago.Category: Canada Law
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Answered in 5 minutes by:
12/12/2017
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 103,046
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear this.

It is entirely unlawful as is committing extortion which is what he is also doing.

I suggest that you call the police at once and that you no longer allow him in your house.

If you believe there are grounds to be concerned about the involvement of the children's aid society you should immediately retain a family lawyer who specializes in child protection matters. If not you still need to retain a family lawyer as you will have to put step in place to protect yourself and your child from this man.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
A start yes, I'm just afraid of him using the contents of a weeks worth of my life! U daughter is 9 months old and he has shown no interest in being involved in her life, has not contributed financially nor has he made any attempt to visit her regularly. So when he showed up unannounced uninvited at 10:00 at night I was caught off guard. I didn't was to prevent her from seeing her dad until after 2 days I could not allow his lack of concern for her well being and total disregard for our routine so I asked him to leave. He didn't take that well and cursed and swore at me in front of my daughter, little did I know he had hidden a camera. During what I assumed was a private conversation I said something about wishing he was dead that would be easier than having to deal with his nonsense, and how embarrassing it will be for my daughter to have him as her dad!
Lawyer: Debra, Lawyer replied 2 months ago

That is not grounds for concern though. The CAS will not care in the least bit if you said that to him.

I suggest you not panic, but see a family lawyer and get an order giving you sole custody and giving the father supervised access for now.

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Customer reply replied 2 months ago
I highly doubt he will get supervised visits, he was just released from jail, he has another child 3 weeks older than my daughter, and has no access to that child. He has a domestic assault charge as well as drug charges which is why I assume he installed a camera as a last ditch effort to secure visitation
Lawyer: Debra, Lawyer replied 2 months ago

Well he just made your case even stronger.

So see a lawyer and before you do make a list of all these very strong points.

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Customer reply replied 2 months ago
Ok, just need to know what the law is regarding the contents of what he recorded
Lawyer: Debra, Lawyer replied 2 months ago

The law is that he can be charged with doing this but a family court or the CAS will accept it as evidence even though it has been obtained illegally.

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Customer reply replied 2 months ago
How is that possible if it was obtained illegally
Lawyer: Debra, Lawyer replied 2 months ago

Because in family law all that matters is the best interests of the child and so in both child protection proceedings and even if custody and access issues all family courts regularly and routinely accept all relevant evidence no matter how it is obtained. I am senior family lawyer in Ontario and I can assure you that I am correct. I've been a lawyer since 1985.

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Customer reply replied 2 months ago
I don't doubt you one bit, I'm just trying to understand what is happening here! If I apply for soul custody is children services automatically involved
Lawyer: Debra, Lawyer replied 2 months ago

Not at all.

They will not be involved unless they are contacted.

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Customer reply replied 2 months ago
Thank you
Customer reply replied 2 months ago
One more question what is the law regarding hiding the camera in my home
Lawyer: Debra, Lawyer replied 2 months ago

It's completely illegal. I believe the police will charge him and they should be called.

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Lawyer: Debra, Lawyer replied 2 months ago

What do the two question marks mean. Oh. Did you miss my last post.

At 1:03 I said:

It's completely illegal. I believe the police will charge him and they should be called.12 Dec 2017, 1:03 PM
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Customer reply replied 2 months ago
I missed your last post
Lawyer: Debra, Lawyer replied 2 months ago

Did you see it now?

I said:

It's completely illegal. I believe the police will charge him and they should be called.

12 Dec 2017, 1:03 PM

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Lawyer: Debra, Lawyer replied 2 months ago

Is there anything more I can help you with at this point in time?

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