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TOPIC: Permission to use phone recordings

Permission to use phone recordings 1 year 1 week ago #103631

  • Mich
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Hi , I apologise for all the posts . My son has significant phone recordings that is relevent to his case . I have read that if relevant can be used but permission is required . What forms should I use and should it be put forward at the first hearing . This is a child's arrangement order case . Any advice would be appreciated.

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Permission to use phone recordings 1 year 1 week ago #103636

I believe this a bit of a grey area. they say recordings cannot be used as evidence if the other person is not aware they are being recorded. I think he can play them to a solicitor and they can confirm they have heard these recordings? It will be down to the court if they will accept this as evidence.

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Permission to use phone recordings 1 year 1 week ago #103641

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I think (though can't remember for certain) that the conversations can be transcribed and put into his bundle.

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Permission to use phone recordings 1 year 1 week ago #103649

If any of the phone recordings are voicemails then he can use them. He needs to transcribe them and have copies of the actual recordings available for judge to listen to if he/she wishes. Do 3 copies. The judge will only listen for tone if they bother to listen. This is because everyone knows when they are leaving a voicemail.

If the recordings are phone calls from your children then don't use them at all. You could but it's risky and as you are arguing over child arrangements the default position I would take regardless of the child's age, is simply don't use them. There is case law on this for Child Arrangements. One guy had to pay costs because of recording his children as it was viewed as damaging. There as in another case a 14 year old recorded their parents while both parents were recording the kid.

If the recordings are of an adult, as long as you can prove either in the recording or otherwise they knew you were recording them before or at the time then transcribe them like the voicemails. Then ensure the actual recording is available for the judge to hear.

I used voicemails to help get an Emergency Non-Molestation Order against my ex. I had other recordings but as I wasn't sure she was aware the phone calls had been recorded so I didn't use them. I later had a voicemails from my youngest when ex was mucking around with contact. I didn't use them for Child Arrangements, and in the end I had no need to as ex showed her true colours by voicemail, email and screaming abuse at third parties. As I was represented for my final Child Arrangements hearing by a barrister and some of the abuse was directed at my solicitor and her staff, who prepared the bundle for me free, no evidence was needed as my ex just agreed.

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Last Edit: by Greengage.

Permission to use phone recordings 1 year 5 days ago #103677

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Hi,

As others suggested, do not mention any video recordings involving your kids. It will be assumed that you staged and manipulated your kids to make recordings. If it’s recording of your kids getting beat up by a parent, then bring it up. Go through court process with intention to focus on the kids and not to make the other parent look bad.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Permission to use phone recordings 3 months 1 week ago #110157

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What would the penalty be for including phone recordings if the other party were not aware of them being recorded. Would it be more damaging to the case than being of a help . Would people advise not to include if it was only to show the controlling behaviour towards the father and not the children . The father has been made out to be the controlling one .

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Permission to use phone recordings 3 months 1 week ago #110161

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I don't think court will pay much attention to those recordings. You can write in your statement that you possess recordings, and if court is interested in them, you can submit them as evidence.

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Disclaimer: I am not a lawyer or trained professional. I am not in a position to give legal advice. Please consult a qualified professional for legal advice.

Permission to use phone recordings 3 months 1 week ago #110164

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I would read greengage's reply (about 5 posts up) - based on that, I would say it's very risky.

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