Most states, including New Jersey and New York, align with the federal Wiretap Act and only require that one party consent to the recording. That one party could be, and typically is, you. That secret recording you made of your spouse screaming like a lunatic is actually illegal and could get you in hot water. This is a huge mistake, as the resulting recording is not only unusable but illegal. There is a limited exception to recording conversations to which you are not a party if those conversations involve your children.
However, even in those circumstances, you should proceed with extreme caution. While a parent can technically give consent on behalf of the child, it must be done in good faith. The next question to consider after determining whether recording the conversation is legal is whether the conversation is actually helpful.
Canada Evidence Act
What does the audio recording attempt to prove? To be fair, there are some situations where a recording would be extremely helpful. In a domestic violence situation , a recording could be worth its weight in gold if it proves that the alleged act of domestic violence did or did not occur. In a child support or custody dispute recording an admission that one parent is only seeking custody to avoid a child support obligation would also be useful. However, if your state does not require a finding of fault to enter a judgment of divorce, obtaining an audio confession of infidelity may not have the impact on your divorce that you believe it will.
In fact, it may have no impact at all. Notably, all 50 states have some form of no-fault divorce option, with New York being the last state to adopt such an option in In these cases, the Court does not decide the outcome of the divorce litigation based upon fault at all, but simply follows the applicable laws when making a decision. Even when fault grounds are alleged, the court may use the recording to prove the fault grounds only, but not to affect any award that is entered. Naturally, the impact of fault on the overall outcome of a divorce litigation would depend on the applicable laws in the state in which you divorce and would also impact the usefulness of any recording.
The government has no system to track how the children are treated. You are right. Who would object to this unless they were a liar and a crook? When I got a copy of the transcripts it was completely edited out. Totally disgusted in the Family Courts system and have lost all faith in this country for treating people this way.
In a divorce were children are involve the phone communication should also be recorded. The mother of my daughter use to call me pretending to be my daughter. Well I did record the conversations and they my not have been admissible in court, but the social worker and the psychologist found them very educational. In my jurisdiction it is illegal to record conversations with out the knowledge of the other party. But I thought the risk was necessary in other to show the deviant behavior and actions of my ex.
And thanks in no small part to dose recording I have the custody of my daughter today. I am currently unraveling a collusion at Capitol level to destroy these tapes. Court Reporters Board is behind it, but they are just the beginning of something bigger.
None the less, having video and audio recordings would be good but, it should not replace a court reporter. The reporter will insure all that is said is recorded where an audio recording may not pickup every word clearly. And BTW…. Even though I paid to have the court reporter there she told me that the transcript by law was also available to the opposing party. There was no way that my family or I could afford to pay for more and Mr. Money bags has access to the transcript that I do not. The more is learned on behavior, linguistics, communication strategies, as they apply to interpersonal conflict, the more useful video taping interactions in the courtroom will become, as people are under pressure to tell the truth, and their internal reactions to that pressure should be on the record, even if discerning what it means has to wait until interpreters get more enlightened.
While this may seem like a good idea, and to help these entities to be held accountable for their actions, in practice, I do not think it will make much difference. Most courts already do record all proceedings, but the problem comes in when a party requests the documentation of the recording.
It is a known fact that the court reporter does not record all incidents or notations within the court, I have had recommendations to carry a small recorder in court. She immediately ran off to see the judge and the judge obliged her by having an immediate court session. The judge said he will hold me in contempt for wanting to record our private negotiations. He spent several minutes upbraiding me and threatening me with consequences. I had to agree to record nothing. Ironically, in this modern edifice for the family court, are notices everywhere including in its restrooms, that all conversations are subject to recording.
Need I say more?
The lawyers and the judges want nothing recorded to protect their monopoly and dictatorship. Crying shame there is nothing in America to check these monsters. It should be recorded, but then who will keep the records. Maybe Lois Learner could be trusted to lose the records.
Absolutely yes! Hundreds of thousands of protective parents and children have suffered when there is no record.
The Courts Must Keep Up With Technology
No, a lot of proceedings are mundane and no effect even if they were taped. However all trials, and hearings should be vidoed and audio taken. What the lawyers say with regard to motions etc.
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The court or judge cannot deny this. However, a transcription of the recording or any part thereof can be sworn to in an affidavit. I know from personal first hand knowledge that court recordings and transcripts can be and are in fact altered as mine was. So having your own recording for reference and corroboration is almost a must.
It will keep the judges honest and ethical if everyone can see what is going on; there are too many horror stores of corruption and abuse. Absolutely and remotely held so they cannot alter transcripts, as is seen way too often. Change the accountability over professions as well..
Having judges over see judges and lawyers over see lawyers and police over see police.. Official abuses for any officials that step outside legal means or conspire to vote or rule against any citizen or child out of bias means or retaliation or to cover up misconduct of any other Official. As well to not disclose all personal gains in hidden connections is a major Breach of Office. Public Servants must be held to a higher standard. I was so tired of getting transcripts with large gaps of missing information due to conversations that took place off the record.
Also I asked for a court reporter to go in to the illegal chamber hearings that occurred and that was denied. I wanted to mention here that I would love to go with you to. Washington to support your cause and attend all those sessions, but it is cost prohibitive to me.
Can I record private conversations?
I am one of those that lost my life savings, retirement accounts, ran up my credit cards to bankruptcy level, almost lost my home, still pay child support and drive an 11 year old car I need to replace before it leaves me stranded. When a Former Husband alerts the Department of Homeland Security over a divorce something is seriously wrong..
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Record everything. Her lawyer lies in every hearing, the judge now believes those lies are truth. The hubris! Recording everything would keep everyone more honest. The case for recordings can be best made through the following i observed as a third party in a family court and could not stomach.
There is an incident one of many like it all over the state at a divorce hearing at a family court in Minnesota USA where the presiding judge overruled all objections and allowed a private parenting supervisor who moonlights when also holding a full-time government job in the same court to freely express her opinions and perjure herself during testimony. It was pointed out that the person testifying was not an expert but only a fact witness and should not be allowed to mouth off her opinions.
Throughout the testimony, the judge was actually guffawing and mocking the party against whom this private parenting hack was testifying. On several occasions the judge actually asked the hack offering her testimony questions designed to fish for the answers that the judge wanted to hear. He vigorously made notes smirking all the while.
It got to a point that the private parenting hack realized that the judge was being flagellated by her testimony and began to ratchet up her delivery. But wonder of wonders, the private hack was not deterred.
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