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using recordings in court

  • sleepybird
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14 Oct 12 #360945 by sleepybird
Topic started by sleepybird
Hello

Just a quick question. My partner has recorded a conversation between him and his ex which proves she is not encouraging contact or being stern about her son having contact as the judge suggested at the last hearing.

Could my partner use this recording in court at the next hearing as without a doubt she will say that shes been encouraging and trying all she can to get contact back on track?

  • veryniaive
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14 Oct 12 #360947 by veryniaive
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Hello

I work with Data Protection issues and to my knowledge you must have the other persons permission before you tape them.

Regardless of DPA she could just say it wasn''t her....

We use a police type recording device in my work and the discs cannot be edited - we still have problems with gaining all parties permission to record meetings.

It is a real minefield and I would advise that your partner not bring it up.

Jess x

  • staffydog
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14 Oct 12 #360961 by staffydog
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You don''t need the other parties permission to record a face to face conversation, you can''t however play it to a third party. What you can do is make a transcript of the conversation to present to the court if you feel you need to. If yr ex then denies the version in the transcript you can let the judge know there is a recording and let him decide whether to listen to it. This has been done before and would make yr ex look very silly, you may find she suddenly ''remembers'' that she did say what''s suggested when she realises you can prove it.

Just make sure yr transcript is verbatim.

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