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

CH27

Inform Social Services what he is doing.

SunshineButterfly

I have informed SS.
They have admitted it is not right but haven't suggested I do anything about it other than tell my solicitor.

chocdonuty

No advice really but I've been going through a similar thing with my dd, me and the ex split when she was 3 1/2 and most phone calls end up like this, to her dad it sounds like we do nothing,eat rubbish all day and she is quiet for whatever reason he thinks in his strange mind! truth is shes just not that good on a phone and tbh the recordings won't show anything abnormal, just kids being kids

j.e.j.

Very young children often don't talk well on the phone. They need to see the person in front of them in order to feel relaxed and comfortable talking to them.

minimoneysaver

My ex used to do this when my daughter was about 2. I used to keep a diary of what we would do together and take loads of pics, not forgetting till stubs etc. Always there to throw in his face. You could also keep supermarket receipts, if he is stooping low. At least if it goes to court, you can say I disagree and show them!

I agree with the poster who said just use skype instead. Or you could place pictures of things that you have done & eaten by the phone....kids need visual clues ;-)

SunshineButterfly

choc I am glad its not just me who finds that.
They both enjoy speaking to their dad, but after they have said what they want to say to him they get bored very quickly. My 5 year old usually saying "are you ringing up now" meaning are you hanging up now, which upsets him as he seems to think he says that because I have told him to hang up! Which I haven't. I guess our son just gets bored quickly and decides he wants to go and play or whatever.

I find it quite hard also as our eldest will say "do you want me to put you on to mummy" and he will be quite abrupt with his no. Whereas I would explain that the phone call was for daddy rather than make it sound all negative.

I feel like I can't win. He is in control of the phone calls. I cannot have a say in what he does or says because its in the contact order. If I were to refuse them I then have no proof of anything I have said he has done, therefore I would look bad in court. Yet I do not want my children to be emotionally damaged further. I feel as though I cannot win whatever I do really.

lostinrates

Its legal to record telephone conversations for your own use.


Whether you can then use them in court presumably he'd get legal advice on. I don't know, but yes, it IS legal to record calls (and conversations).

rozmister

My niece is nearly three and can't really do telephones because she doesn't get the pausing and responding yet so we Skype. My sister will give me a little info beforehand like "She's been to the park with her dad today". I say to her "Did you go to the park with Dada" she says no. I say I know you did she says no. I ask if she went on the swings she says no. I say I know you did she says no I didn't. On it goes.

She will also always tell you she is hungry in the hope you will give her some kind of food she doesn't get often (cake, crisps, sweets, chocolate). She is suddenly a lot less hungry when you offer her a rice cracker and some apple!!

I'd be really surprised if any court would accept these recordings as evidence because the child isn't reliable. I don't mean that to sound nasty at all I mean they can be led into saying things, tapes can be edited, they may well lie, etc.

On a side note your ex sounds like he's missed the point of these calls. They're about contact with his children and enjoying them as they grow, not trying to catch their mother out for the sake of a court case.

antrobus

SunshineButterfly wrote: »

...Anyway.. is he within his right to record his childrens phone call with him?

According to Oftel.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

I would therefore conclude that (a) the husband can indeed record the telephone calls, but that (b) he can't make the contents available to anyone else (such as his solicitor, or a judge) without getting the consent of the child in question.

P.S. RIPA = Regulation of Investigatory Powers Act 2000

SunshineButterfly

antrobus wrote: »

According to Oftel.

Can I record telephone conversations on my home phone?

Yes. The relevant law, RIPA, does not prohibit individuals from recording their own communications provided that the recording is for their own use. Recording or monitoring are only prohibited where some of the contents of the communication - which can be a phone conversation or an e-mail - are made available to a third party, ie someone who was neither the caller or sender nor the intended recipient of the original communication.

Do I have to let people know that I intend to record their telephone conversations with me?

No, provided you are not intending to make the contents of the communication available to a third party. If you are you will need the consent of the person you are recording.

http://www.ofcom.org.uk/static/archive/oftel/consumer/advice/faqs/prvfaq3.htm

I would therefore conclude that (a) the husband can indeed record the telephone calls, but that (b) he can't make the contents available to anyone else (such as his solicitor, or a judge) without getting the consent of the child in question.

P.S. RIPA = Regulation of Investigatory Powers Act 2000

Thanks! I am assuming that because minors cannot give that consent it then falls on to the parents to give that consent?