Is it legal to record telephone calls with a minor (although your own child)??

paulineb_2

FatVonD wrote: »

It's legal to record calls as long as you tell the other person it is being recorded which is what he has done.

Does he call at a regular time? I'd be arranging tea so they were still at the table when he called so it was fresh in their mind what they were having and put a bowl of grapes or whatever next to the phone so he has to ask what they're chewing!

Re going out, if he's only calling once a fortnight could trips out be arranged for earlier that day so again they're fresh in the child's memory?

I bet the kids dont know they are being recorded, Im sure the OP said they havent a clue.

Kids can say anything on the phone, a caring father would be asking them how they are and taking it with a pinch of salt if they said they were hungry, because if he were that concerned that they werent being fed, hed be doing something about it.

Or maybe he thinks he is by recording these calls, but hes the one asking all the leading questions.

Poor kids, contact with a parent should be something you look forward to, not getting grilled in order to try and prove the other parent shouldnt be looking after them.

HappyMJ

Just an idea....If he has a computer then setup a Skype account with webcam then they can see each other...and if he's going on about a lack of food make sure there is a nice large bowl full of fresh fruit in the background. He'll also be on speaker and you can monitor the conversation from a distance. Then who cares if he records the calls.

FatVonD

HappyMJ wrote: »

Using it in court...well I really doubt it would be admissible so I wouldn't worry about it.

I think it would be, magazines record the read back of features with the person telling the story so they can't say they didn't agree to what's going to be printed being printed and they wouldn't do that if the recording wouldn't be admissible as defence.

Mojisola

FatVonD wrote: »

I think it would be, magazines record the read back of features with the person telling the story so they can't say they didn't agree to what's going to be printed being printed and they wouldn't do that if the recording wouldn't be admissible as defence.

Isn't that with adults, though?

A child of that age won't understand what the ramifications are even if they understand what recording the phone call means.

HappyMJ

FatVonD wrote: »

I think it would be, magazines record the read back of features with the person telling the story so they can't say they didn't agree to what's going to be printed being printed and they wouldn't do that if the recording wouldn't be admissible as defence.

I really doubt it would get that far. If he really has concerns he'd be calling social services who will do a home visit see everything is OK and leave. He wouldn't be trying to go to court for neglect without proof.

Treevo

FatVonD wrote: »

I think it would be, magazines record the read back of features with the person telling the story so they can't say they didn't agree to what's going to be printed being printed and they wouldn't do that if the recording wouldn't be admissible as defence.

But that's for potential libel issues (and there's full informed consent) - not for family court situations.

paulineb_2

Mojisola wrote: »

Isn't that with adults, though?

A child of that age won't understand what the ramifications are even if they understand what recording the phone call means.

I agree, a kid being asked if they are hungry and they say yes when they really arent, I think it would be ridiculous if that were used in evidence in court, particularly if the kids dont have a clue they are being recorded.

I really do think OP that you need to let someone know whats going on and as soon as you can, because youve posted in other threads that hes challenging the decision to allow you to have the kids full time.

Its wrong. Getting asked questions like are you ok, you dont sound ok, whats wrong, its just manipulation of children who are too young to understand whats happening.

If you dont raise it and these tapes are played in court, you could end up looking bad even if you dont deserve it. The fact is, if he was so concerned about his kids not eating hed be doing something about it in the short term, Im sure he knows fine well they are well fed and well looked after, you dont need me to tell you hes just trying to hurt you and make your life difficult.

FatVonD

Treevo wrote: »

But that's for potential libel issues (and there's full informed consent) - not for family court situations.

Yes, that's true, but I was responding as to whether recorded phone calls are admissible evidence.

SunshineButterfly

I informed my solicitor, but he is no longer willing to advice me because I cannot pay his fees. I am meeting with a mckenzie friend soon to help me, but not sure he will know what to do.

j.e.j.

SunshineButterfly wrote: »

I only ask as my childrens father have telephone contact with the children once a fortnight. He records these phone calls and asks our eldest on the phone several times "are you alright? are you sure? whats wrong? you don't sound ok".. which I have now realised is in a bid to try and get our son to disclose something he can then use against me in court.

How low can a person stoop? :mad:
Manipulating a 3 and 5 year old like that.

I wish parents would flippin grow up and sort out their differences as adults. Poor kids. It won't be long before these two realise what's going on and feel they're being made to choose between mummy and daddy.

Anyway.. you could try the CAB or possibly mention it to the social worker(s). Legally I don't know but morally it's very dubious what he's doing.