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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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on january 15th there was a hearing regarding custody. That

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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: 6 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 6 years ago.
Because every Judge is an individual, and the same facts before him one day could be treated differently depending on what mood he's in the next, it is virtually impossible for anybody to say what a Judge will do in the court room. I can say with relative certainty, however, that Judges do not like their rulings to be ignored, and if the Order clearly stated no more taping, and there are 100s more, you should file contempt against her for violating the court's order. That way, the issue of her contempt of the order is before the court directly and she can be "punished" if the Court deems appropriate. So, again, it is impossible to say what is likely to happen, but he has every right to be mad that his order was violated. I don't think he will go with retroactively allowing taping after he specifically said not to, as that would tend to undermine every ruling he makes. It's simply a bad practice for a judge to instruct one thing, someone violates it, then he says, ok, disregard my earlier instructions. It makes their rulings worthless.
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