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Hi,
I submitted the C100 form last Monday and have a court date coming soon, my ex got word of this and decided to let me see my son for the first time in 4 1/2 months.
I happily went round there, didn't say a word to her except if it was to do with my son, and she let me see him for 2 hours on one night, and 2 hours on the next. We organised that I would go round there on the Sunday to see him again for a full day so I can learn his routine.
She then phoned me the next day (Saturday) and told me I wasn't welcome around there any more etc etc. blah blah.
Sunday came and she rang my sister to ask where I was, and rang me later that day screaming that I'm a fool and that she never said that I couldn't go round there.
I have been recording all of these phone calls that me and her have for the last 2 months. As this is a civil case am I legally entitled to use this in the court to show that she is being devious and aggressive towards me?. The same way text messages, emails and letters have been kept, I see no reason why a phone call can't be kept and shown, but would appreciate if anyone has any more information.
I am under the assumption that I can not use it as evidence in a criminal case, but I am not sure what would happen in a family case like this as the only point of the exercise is to make sure my son has a decent upbringing and a good balanced family life.
Hi Luke,
You are perfectly entitled to record any of your phone calls without the permission of the other party or indeed anyone else. This is covered under Section 36 of the Domestic Purposes of the Data Protection Act.
If you are wishing to use this information in Court however, you will need to contact your local Court and ask what procedures you need to follow in order that these phone calls can be played. However, be aware that if the other party is not willing to have them played then a Court will not allow it to be used as evidence except in the most serious of circumstances.
If you have text messages/letters/emails i would suggest that you write a letter to the Court and request that these documents be added to your particular case.
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