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

thorsoak

SunshineButterfly wrote: »

I refuse to record, video or take pictures of my children (other than the normal of course that normal parents do). As when I was reported to SS every month for a year every time the children went to their fathers he would photograph every bruise, mark, scratch on their bodies. This included pictures of private parts that were then showed to every tom, !!!! and harry in court proceedings.

He still does it now if they have a particularly large bruise. Therefore I am not willing to do anything simular as I feel it will damage my children being used in that way. They need a sense of privacy and identity.

Flippin' 'eck! No - I understand exactly why my suggestion is a no-no!

SunshineButterfly

It states in contact order where hand over takes place.. which is local to us both. If I moved hand over would still take place there, but it would no longer be local to me.

antrobus

SunshineButterfly wrote: »

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

I would have thought so.

I would have thought that even asking a judge to consider the issue of a minor's consent to such a thing in the context of some kind of family court proceedings would be a negative.

Rottensocks

My advice; Don't let it get to you.

He might record the phonecalls, and it is possible he would get away with submitting transcripts of those conversations to the court...but what is this going to prove, ultimately?

Scenario: He goes to court (*or social services, or whichever avenue you like) with 37 recorded conversations where the children say they are hungry. What happens next? You, or a social worker weigh the children. Guess what? They will be perfectly normal height and weight for their age, and everyone gets to go home. Or maybe they might ask the playgroup and your GP about the kids too. The result is the same: if there are no welfare concerns nothing much is going to happen.

I don't know the back story, but obviously things got pretty bad if the contact arrangements for the kids became a court custody battle. The problem with court is it is adversarial...you start to think in terms of "winning". It sounds like he is now obsessed with winning because he previously 'lost'.

Don't photograph the kids, don't keep detailed log books, don't stress yourself out being constantly on the defensive.

Maybe just write to him the once saying that you have some serious concerns about recording phonecalls with our children, and also about the leading nature of the questions they are being asked. Simply state that you feel that the hostility between you both has led to this apparent crusade about the children's welfare, and that it is ultimately counterproductive, and not at all good for the children to be interviewed, probed and photographed so frequently.

Obviously keep a copy of this letter safe, and it should help cover you: you can always say that you asked him to stop behaving in this way, and prove. Please just trust that a family court judge won't have time to read pages and pages of transcipts of phone calls and pages and pages of activity diaries: they have *real* child welfare cases to be getting on with (if you see what I mean).

carefullycautious

I agree with above. This is about his control over you. I would also just enjoy your children and not allow his mind games to spoil your and their childhoods.

You say that recording the calls has been written into the contact order can you elaborate on how this occured? I have never heard of this before

Also get suport from these people

http://www.gingerbread.org.uk/

SunshineButterfly

Sorry I meant its in the order for telephone contact not for them to be recorded.

jackyann

I wonder if you should speak to the court welfare service - they must have been involved previously. They used to be called Cafcass, but names change so often these days.
The Coram Foundation also run a children's legal service, but I would begin with the court where your children's records are.

RAS

SB

If the appeal is granted, could you ask that a restraining order is placed preventing ex from photographing the children unclothed. If he wants a bruise investigated he can take the child to the GPs.

Also ask that since he largely uses the telephone calls to ask leading questions that they cease.

Hopefully the appeal will not be granted of course..........

paulineb_2

SunshineButterfly wrote: »

Sorry I meant its in the order for telephone contact not for them to be recorded.

Well is there a way you can raise that hes recording the kids and in breach of the order?

If you cant afford a lawyer could CAB help?

SunshineButterfly

His new tactic is to ask eldest on the phone if he wants to speak to him tomorrow. So son says yes. He will then text the next day saying he is going to ring at such a time as asked by son.. and that all calls are recorded with son asking to speak to him.