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Hello all,
Just some advice please, I would just like to point out I'm not concerned about my daughters safety because if I was for a fraction of a second she would not be with her mum.
Cut a long story short, my ex and her son who is 11 (from a previous relationship) and my daughter 3 have all moved into a house with my ex's new partner. He also has a son who is 10.
For a long time, they have been together 14 months and lived together about 3 months I have thought the fella was very controlling over my ex, well this week she left him and ended up staying at mine overnight. The reason being she can't live with the mental torture and control anymore (her words not mine). Needless to say like they all do she went back to the home yesterday to give him "1 more chance, as he is not as bad as I made out and he just needs to change a little"
Obviously theses type people never change but it's her life and not my concern anymore. What is my concern very obviously is the well being of the children, I told my ex in no uncertain terms I don't want my daughter being in that environment and I want my daughter living with me. My ex said no not a chance and I can't prevent her from taking my daughter back into that environment.
Anyway they are all back there now, I see my daughter regularly and she is very happy, but I don't want her in that house. Anyway my ex come to see me yesterday so I recorded a conversation in which she said she promised me the children are not at risk and never have been but she did say "it's not a nice environment for the children to be in and her partner needs to change"
She does not know I recorded the conversation in which she told me a lot about this idiots behaviour, but if I went to court would the admission "it's not a nice environment for the children to be in" help me in anyway as I have always wanted full custody of my daughter.
Regards just me
P.s I'm aware that I can't use the recording in court as it was made without her knowledge, but surely as it was a 20 minute civil conversation where she told me more than I asked her, there has to be someway I can use her admittance it's not a nice environment for my daughter.
It's a grey area...you are allowed to tape conversations without the others consent but they can't be used as evidence....Howe er some civil judges do,allow it if its in a party's best interests.
I would say you can refer to the conversation and ask for permission from the judge for it to be used if you go to court. However this would only be effective if the case were to be opened now or in the near future.
That's an interesting link NJ - what it doesn't make clear is the distinction between recording a conversation and recording a telephone conversation, which may be different, not sure about that.
However, it does say that it's legal to record the conversation - it's providing it to a third party that's tricky. So if you want to use it, transcribe the conversation and present that to the court. If your ex disputes your transcription, then you can tell the court that you have a recording - it's up to the court to allow it or not, but in any event, your ex might suddenly decide not to dispute to transcription.
My sons ex and her father made video recordings of him (without his knowledge) sat in their house for 8 months and that has been allowed to be used in court. They are more beneficial to him than to them, so we haven't contested it, so I presume it is up to the judge if they can be used.
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