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TOPIC: Telephone monitoring Legal or not?

Telephone monitoring Legal or not? 9 years 4 months ago #8706

Just wanted to ask.... If my daughter is having a call with my ex (as per court order) am I legally allowed to listen in on the calls? without my ex knowing I am listening? Thing is ex is being mentally cruel to daughter and demands my daughter talks to her alone and in her room. I don't think this is right. Tonight I did listen in to the call (rightly or wrongly) and low and behold my ex was swearing at my daughter, telling her my family was "evil" and that I am a bad dad, blackmailing my daughter and being mentally abusive...... I need to know if it's legal to listen in?

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Re: Telephone monitoring Legal or not? 9 years 4 months ago #8713

  • actd
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To the best of my (very limited) knowledge on this, at least one of the parties has to know that you are listening in, so as long as your daughter is aware of it, it should be OK. However, it depends what you want to do with this information - if you want to use it in court, then I think your ex has to be advised that the call is being monitored (or recorded, if you want to go down that route).

However, there's a better solution - and that's simply to talk to your daughter and make her realise that she doesn't have to listen to your ex, she can simply say that she doesn't want to listen to abuse, and if your ex continues, then she will hang up. The first time she does this, it may be a little frightening for her about the consequences, but once she realises that she is empowered in such a way, she will become far more confident, and your ex will soon realise that if she wants to have a conversation with your daughter, then it will be on your daughter's terms.

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Re: Telephone monitoring Legal or not? 9 years 4 months ago #8715

Hi Blues,

I have just checked with the Childrens Legal Centre and this is what they have said:

This is a difficult one - basically if it doesn’t stipulate in the Court Order that they cannot listen in then there is nothing stopping them doing this.

However, it would not be advisable to do this. The other party should be advised that this person is listening in due to concerns. Also, the child’s consent may need to be taken into consideration given her age and understanding.

It would also be difficult to use this evidence in Court particularly if the other party’s consent was not obtained to the observing of the calls. Also, the Judge’s permission would need to be granted for this evidence to be used.

If Bluesalltheway has any concerns about the contact their daughter is having they could apply to the Court to vary the Contact Order. This would depend on when the last Court Order was made and what concerns they have regarding daughter’s wellbeing.


I hope this was of some use mate.

Gooner

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Re: Telephone monitoring Legal or not? 9 years 4 months ago #8716

Hi there

Think it would feel a little awkward to listen in as this would definitely be used against you at some point in the future. You could also lose the trust of your daughter and it seems she needs you at this moment.

I agree with Actd that you need to talk to her and tell her that she can end the call whenever she wants but on her terms. It would also serve your ex right too!!

Good luck with it

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