LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD How to Include Voice Recording to Affidavit?

Discussion in 'Family Law Forum' started by Adam2100, 4 June 2016.

  1. Adam2100

    Adam2100 Active Member

    Joined:
    3 November 2015
    Messages:
    9
    Likes Received:
    0
    Hello,

    I would like to attach some voice recording in my affidavit between me and my child.

    What is the proper format to do it?

    Thank you in advance.

    Best wishes,
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,180
    Likes Received:
    262
    Transcription.
     
  3. Adam2100

    Adam2100 Active Member

    Joined:
    3 November 2015
    Messages:
    9
    Likes Received:
    0
    What do you mean with transcription? Do I have to attach CD as annexure?
     
  4. MartyK

    MartyK Well-Known Member

    Joined:
    4 June 2016
    Messages:
    50
    Likes Received:
    7
    What is the voice recording? IMO if it's a conversation between you and your kid, purposely taped, I don't think it would be a good look to attach or transcribe the whole conversation. Could quote a few parts of it in affidavit instead.
     
  5. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,180
    Likes Received:
    262
    Transcribe the conversation into words on paper. This becomes a true and accurate record of the conversation.

    eg: [name1]: How was your day?
    [Name2]: OK, didn't like school today.
    [Name1] ........
    etc
     
  6. MartyK

    MartyK Well-Known Member

    Joined:
    4 June 2016
    Messages:
    50
    Likes Received:
    7
    Maybe a general idea of some Judges views on tape recordings? Not a recording of parent and child but still an interesting view.

    Halston & Halston (2013) FMCAfam 16

    32. My greater concern arose in relation to the probative value of such recordings, balanced against the prejudicial nature of a recording where one of the parties to the recording is not aware that the conversation is being taped.

    It is a matter which arises all too frequently, particularly in family law proceedings, and seems to have gathered support not only from parties to proceedings but also from legal representatives. It would seem, clearly, to be an evidence-gathering exercise and one that, in my view at least, holds little benefit for the party seeking to gather the evidence, but in fact gives rise to serious concerns as to the behaviours of the party who records such evidence.
     
  7. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,066
    Likes Received:
    126
    What in general terms do you think the recording 'proves'?

    What is the intention of the recording?
     
  8. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Don't include the recording. No matter how innocent your intentions were, the fact that you have taken the extra step of recording it makes you look like you've been coaching the kid or interrogating them for evidence inappropriately.

    Instead, transcribe the discussion in your affidavit. I can't think of a single case where a parent has been praised for recording their conversations with their child. In one case, a parent took photos of a rash on their child's genitals alleging abuse and the court was more concerned by the fact that the parent photographed the child's genitals rather than what was in the actual image.
     

Share This Page

Loading...