VIC Family Law Trial - Use of Audio Recordings?

[Dadsta]

Hello to all you good folk who have taken the time to read this post & many thanks in advance for any help received

Let me begin with some quick facts regarding my matter. I’m a single father to a twenty-month-old boy, being separated from his mother when he was two months old. The mother is the primary parent & presently I receive two spend time days per week with our child. We have a trial commencing within the next few months & I will be seeking full time custody of children. I am represented by a solicitor & barrister.

Help on two major issues would be of much appreciated. They are as follows...

1) The child was mutually agreed to the name “A” at birth and until the first four months of his life. The name was changed to “B” without my consent at this point in time, albeit not legally. He is registered as “A” on his birth certificate & evidence has been submitted that the child’s name was changed because of the breakdown in the relationship between myself and the mother.

This is a sticking point that will be resolved one way or the other at trial. Has anyone encountered or heard of a situation like or similar to this?

2) On the advice of my barrister, I have audio recorded all changeovers due to the hostilities in communication between the mother and I. I have only ever used these recordings to exonerate myself from allegations of abuse directed at me. They have been presented to the mother's solicitor and the ICL.

I have been bombarded in litigation from both parties requesting to cease this. My argument is that recording all interactions is the only way to prove the mother's character assassination of me are factually incorrect and because of this. I will continue to protect myself from her allegations.

Will these audio files be able to be produced at trial in front of a judge? Will the ICL’s constant requests of me to stop doing this hinder my case?

 

[AllForHer]

1. The Court can make an order that the child henceforth be known as X, and it can make an injunction stopping either parent from referring to the child as anything other than X. Not terribly unreasonable to request such orders, given it’s on the child’s birth certificate already.

2. Yes, the recordings - even the act of recording - are more likely to hinder your case than not. You may see it as protecting yourself, but unless you’re being prosecuted for a crime and those recordings prove your innocence, the Family Court is going to see this as little more than deliberately aggravating the mother at changeover, and if you’re seen to be deliberately aggravating the other parent, you’re also seen to lack insight about how that will affect the child.

By all means, record audio from your pocket without mum’s knowledge and use those recordings to include an accurate transcript of a discussion between you and the mother in an affidavit if it assists your case, and by all means, tell the Court you can provide recorded evidence of the discussion if Mum files a response denying the conversation ever happened, but don’t use those recordings just to intimidate the other parent

(And one can’t see any other reason for presenting such recordings to the mother and the ICL outside the courtroom if not in an affidavit).

You’re already facing an uphill battle by trying to get primary residency of a toddler whose mother is the primary carer, if you can’t hide your personal grievances during changeovers and show willingness to support and encourage the child’s relationship with mum if you had primary residency, it’s going to drastically reduce the chances of you winning.

 

[Rod]

It may be the mum wants you to stop so she can then make a successful allegation of abuse. I tend to agree, continue recording but for protection only.

 

[sammy01]

You are seeking full time residency? Really?

Is mum an ice addict?

 

[Dadsta]

AllForHer - Thankyou kindly for your response. By all means my recording device is not used as a tool to intimidate the mother at all, but rather to show that any further allegations made against me will be proven false. I do understand where you’re coming from and truth be told, it wouldn’t be necessary for me to be wearing a microphone if heinous lies weren’t told in the first place.

As for discreetly hiding the device in my pocket, been there done that. As changeovers are conducted outside at a public location the wind has hindered this and made the audio unclear.

 

[Dadsta]

Rod - Absolutely spot on. If Mum doesn’t make false allegations against me then the recordings become redundant & have no reason at all to be used

 

[Dadsta]

Sammy - Are you implying because of my gender that I’m incapable of looking after a child full time?

No, Mum is not an ice addict. Her behaviours are inclusive of breaching the current court order many times over, not encouraging a peaceful relationship between the child and I & continuously defaming me.

Unfortunately for Mum she has a personality disorder that makes my role as a parent extremely difficult. The Family Report states that if she can’t or isn’t willing to change her behaviours then the court must seriously consider having the child reside with the Father.

 

[sammy01]

Let her make false allegations... It will be her job to prove them, not your job to dis-prove them... Meanwhile you're proving to the judge that there is lots of conflict here and that is not a good thing for the kid to be part of... Normal people in normal situations don't record stuff. Crazy people on Today Tonight or some other crazy show pretending to be current affairs journalism do that sorta stuff.

 

[sammy01]

Nope - I'm not implying that because of your gender you're incapable of looking after a child full time. I've been doing it for 3 kids since the youngest was 4.... But that was not because of court and I'm a bloke

Mate I post here and give opinions based on the info provided... So - had you told us that there are recommendation from the family report writer to indicate that there are issues with mum and a change of residency might be considered, then the opinion I give would be different... (Kinda).

Still reckon you can forget full time residency. So because mum is a twit, she should never see her kid again... That is why full time residency is... Look the only reason the could would do that is if mum was incapable of looking after the kid (ice addict)

So my opinion - go for primary care with the mum having access as the court sees fit. Or based on recommendation of the report writer... And if the report writer recommends zero time with mum... fine. But mate, I can only give opinions based on info provided.

 

[Dadsta]

Thanks Sammy, you’ve provided food for thought. I gather your opinion is to be passive whilst I’m being proactive in squashing these allegations. At the end of the day, without a recording, a la evidence, ultimately it would be my word against hers & guess what? As a male going through the family court I’m unwilling to take that chance. Also, I was advised by my barrister to do so.

Let her make false allegations... It will be her job to prove them, not your job to dis-prove them... Meanwhile you're proving to the judge that there is lots of conflict here and that is not a good thing for the kid to be part of... Normal people in normal situations don't record stuff. Crazy people on Today Tonight or some other crazy show pretending to be current affairs journalism do that sorta stuff.