QLD Affidavit Material and Evidence - Allowed in Family Court?

[Thenarcisistsprey]

I’m wondering if anyone can please tell me if you're able to put things that the children (in which proceedings relate to) have divulged, into affidavit material or if this is considered to be hearsay?

Also, if a parent were to record some things the children say that would go against one parent and/or record phone conversations with said parent and children, can these be used as evidence in relation to family law or would this not be allowed?

 

[Rob Legat - SBPL]

I’m not a family lawyer, so I’ll leave the bulk of your questions to someone who is.

However, on the topic of recording conversations it is legal to do so in Queensland provided you are a party to the conversation. You don’t need th3 other parties’ consent.

Using the recording is only allowed for certain things - but legal proceedings is one of those things.

 

[Rod]

You are able to put in what you did, saw, smelt, touched and heard.

If you heard them say things you can use the material. But. Depending on the other party's objections, the judge, the age of children, other factors, the references to this evidence may be completely disregarded. And just because a child said something, it doesn't prove what the child says is true.

Recordings in Family law matters are very problematic and can backfire against the person who made them. I don't have the case reference to hand, but I remember one case where a mother made a video recording of her child attempting to coax the child (<3) into saying a sexual event took place. Backfired spectacularly against the mother.

Tread carefully in both areas.

 

[Tim W]

I’m wondering if anyone can please tell me if your able to put things that the children (in which proceedings relate to) have divulged, into affidavit material or if this is considered to be hearsay?

The court would much prefer to hear it first hand.
Affidavits are about what you know to be true.
Fact X is not proved by what you say somebody else said about it.

Also, if a parent were to record some things the children say that would go against one parent and/or record phone conversations with said parent and children, can these be used as evidence in relation to family law or would this not be allowed?

Recording conversations without the consent of anybody involved (even kids, and even at home) can be an offence.
Ad hoc amateur interviewing of people (especially kids) by third parties is not certain to be admitted.
And certainly not go unchallenged.

Recording phone calls is almost always an offence.
And there's no guarantee that the court will admit the evidence anyway.
The Family Court is not a fan of "gotcha" recordings.