Voice recordings admissible in court?

[Moselle]

I have voice recordings of my ex calling me Satan and saying she wants me to die.

Are these admissable? She certainly did not give me permission to record it

[Nope]

Depends on what state. And to what end.

We were able to get voice recordings of DH's phone calls with the kids admitted because his uBPDex had the kids talking to him on speaker and she started screaming at him and threatening him in front of the kids.

The courts aren't overly concerned with adult to adult behaviors unless it's in ear shot of kids or it escalates to physical abuse.

[Fie]

Hello Moselle 

I advise you to ask a lawyer's advise for this.
It depends on the situation, but I think in my country courts are starting to be more flexible on these matters.
Make sure your lawyer is 100% certain because I would say it depends on the situation (I'm a legal advisor and I am not sure... .I guess you see what I mean)

Take care !
x

[Moselle]

Thanks Fie,

I will ask him what he thinks tomorrow. I have not included it in the court  materials because it is potentially questionable, as I did not get her permission to record it. But if it's admissible will show her swearing, calling me Satan :-) and wanting me to die all in front of the children. Amidst a lot of shouting

[Nope]

Thanks Fie,

I will ask him what he thinks tomorrow. I have not included it in the court  materials because it is potentially questionable, as I did not get her permission to record it. But if it's admissible will show her swearing, calling me Satan :-) and wanting me to die all in front of the children. Amidst a lot of shouting

It is definitely worth asking if it is admissable. If the kid's were in ear shot of this then that should get the court's attention. If you can use it then it will be important to highlight that this must have been an incredibly stressful event for the kids to have to witness. Be prepared with a plan for how you would like the court to fix things so that this can no longer happen in front of them, as obviously their mom can't be expected to control herself. If this is also not the only instance make sure the court knows that as well.

[formflier]

Moselle,

Hey... .there are two questions to ask.

1.  Is it legal.  The term is "implied consent".  In the states I have lived in if you are talking to someone, it is assumed that you can be recorded.  Other states are not that way.  Do I remember correctly that you are not in the US?

2.  If not legal... .how much trouble will you be in by admitting it anyway.  In other words... is it worth the cost to "prove" what she has said in front of kids.

My gut says put it in and take the hit... ."for the children"... .but I would want to know the "cost".

FF

[Moselle]

Thanks Nope, Formflier, Fie

I had my ass handed to me today in court. I didn't get a chance to say "boo". And when I mentioned something, I was quietened by the magistrate.

I'm in South Africa, and the court procedures and personnel are shall we say... .primitive, and the judge clearly favours my ex. Gives her all the airtime, and shuts me up. I am up against the barrel here.

My oldest two girls (12 and 16) have said they dont want to see me anymore, and the youngest 7, is following her older sisters - which is quite a problem!  They are clearly terrified of the consequences of not following mom's instructions. She rages at them, which I have on that 42 minute audiotape.

So now we go into investigation mode until May 25th - 2.5 more months to add to the past 6 weeks of having no contact with the children. All this after 18 months of driving 600 km every second weekend to see them. The children will not recognise me after this, and we'll have another stressful reintroduction period. I have NO faith in the investgation. After I initiated the last one i 2015 for visitation infringements, I was the one put on sanction and given supervised visitation - UNBELIEVABLE!

I'm not sure where this will end and I'm feeling heartbroken. I'm distraught - my girls are with a NPD/BPD nightmare (Form, I've realised she is more N than B, probably 70/30 split) for a mom and her new sidekick, and the courts think she is sweetest little thing. They are joining forces to make my life a misery. I addressed the Chief magistrate (in charge of all the judges) to discuss the bias. I asked him if he believed in justice. He asked me - Your justice or your ex's?

My head is spinning here, and I am devoid of a strategy.

Options
- Visit the judges, sit outside their rooms every day for 30 minutes, and do so until someone decides to listen.  They do notice me. Heavens, the whole place knows me - it feels like a second home. After a week, they will definitely ask me What the heck I am doing, and I will say I need to know I have a voice - and at the moment I do not. So I'm am here until someone listens. At worst I look desperate and they tell me to go away, At best they listen and maybe I get a chance to play that recording so they know what we are dealing with.  (Score - 4/10)
- Get on with my life for three months, whilst forgetting my children -  no contact, present my case to the family advocate, and pray they are not retarded and sanction me again (score 2/10). I have tried this route before- it does not work very well, as they are retarded :-)
- I don't have any other options right now. I'm hoping a good nights sleep will spark some new insights and better plan.

Any thoughts advice would be much appreciated. I'm properly triggered here.

[Fie]

Dear Moselle 

That is one tough situation to be in. 

I am not sure option 1 will be a good one. The risk exists that the judges will start to feel your behavior is strange / annoying. They might develop negative feelings about you as a person as they might get the feeling that you are stalking them.

I do see why you came up with this idea though and I probably would have, too.

Option 2 : why would you have to forget your children, does your ex allow you to skype with them, so there won't really be a reintroduction period ?

Is your lawyer able to point out the strange behaviors of your ex towards the judge ? Is he familiar with personality disorders ? Being a legal advisor myself I can testify that a lot of my collegues are not really the 'psychological' type ... .

Thinking about you   
Fie

[formflier]

I don't know anything about the law down there... .

Do you have a L? 

Did they listen to the voice recordings?

1st of all... .my gut says you keep fighting... .perhaps you need a new strategy to fight.  Perhaps ask for therapy time with just you and the girls.

Sucks man... .  

FF