VIC how to submit audio recording of another language into evidence

[Muxaul]

Are you saying that in her parenting order response to your application, she has made allegations (the same allegations made in an IVO application) that have subsequently been withdrawn? .... Why was it withdrawn & by who, her or the police? At what stage was it withdrawn, before a hearing, at a hearing? ..... Do you have the affidavit/ material from that IVO application?

Short answer is YES.
In first IVO mention, in order to secure an interim IVO, she made additional allegations on the spot and kept crying. After that hearing she secured an interim order and put child on it, and she was ordered to provide further and better particulars. Right before the due date of that order, she went to police again, made new allegations on her second statement but also stated that she cannot recall any more instance of abuse, and requested to withdraw the IVO. Police withdrawn it a few months later at directional hearing (2nd hearing), and provided me with both of her police statements.

After I started family court application, she put all her previous allegations back into her response affidavit, and added even more allegations, all with vivid details. I am confidant that I can disprove her allegations if evidence can be admitted successfully.

Why are you interested in those details? Do you see something worth digging?

 

[Atticus]

Why are you interested in those details? Do you see something worth digging?

Well if the allegations that she is relying on her response has already been withdrawn by police in the magistrate court, then if it were me, I would be using that to bring into question not only her personal credibility, but also to argue that those allegations should not even be considered by the court as forming part of her response...

Seems to me that would be a much better & easier course to take then the comparatively awkward, lengthy & expensive process of having audio translated, the need to have an expert witness, & the whole process to have it admitted as evidence

 

[Muxaul]

Well if the allegations that she is relying on her response has already been withdrawn by police in the magistrate court, then if it were me, I would be using that to bring into question not only her personal credibility, but also to argue that those allegations should not even be considered by the court as forming part of her response...

Seems to me that would be a much better & easier course to take then the comparatively awkward, lengthy & expensive process of having audio translated, the need to have an expert witness, & the whole process to have it admitted as evidence

Not only that I wish to discredit op, I also wish the court to make a finding on family violence and conflict that she made against me and exposed child under.

I only intend to use recording 1 to counter her abuse allegations in her original affidavits, and show that she was not being abused at the time, but was instead abusing me.

Recording 2 - 4 intend to prove that after non denigration order was in place, she continued to expose child to denigration, conflict and violence. She denied my allegations and claimed that she never said such and such and conversation was peaceful and polite. hence I thought bringing up the recording to bust her "peaceful and polite" claim was the only way to go.

I am willing to hear your suggestions on how to establish family violence, and contravention of non-denigration order, without bring on the recordings. Thanks

 

[Atticus]

After several hearings I now have 40% with joint PR, on the process of getting close to 50/50 as per 2nd family report recommendation.

I am willing to hear your suggestions on how to establish family violence

40%, possibly 50/50 is a very good outcome.... Why do you even need to establish FV?...... TBH, if the FV you are talking about is just the level you describe here, then I doubt the court would make much of it anyway... There is even the possibility that it may influence the courts confidence in the two of you being able to overcome your hostilities & facilitate 50/50 care.

Pick your battles & forum.... The family court is there to set out orders that (consistent with the childs best interests) compels both parents to abide by those orders which allow the CHILD his/her right to a meaningful relationship with both parents ... THAT is it's overwhelming concern... I wouldn't be raising FV allegations against her at family court... Get your orders & get the hell out of that place ASAP is my advice.

If you have serious enough FV issues at some point after orders are made, that can be addressed via the normal magistrates court FV applications..