VIC Magistrate court audio recording for use in Family Court

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kimbapuppy

Well-Known Member
17 January 2016
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7
224
My ex made false allegations in her application for a full IVO against me that also suspended the Final Parenting Orders made a month prior to the issuance of the IVO so that she gains full custody of the children so that she does not have to pay any child support.

I have obtained the audio recording on her IVO application, and this audio recording comes with the following conditions:
  • To be used solely for purposes of current IVO proceeding, next listed for XX May 2020
  • Not to be published in any forum or by any means
  • Not to be further copied
How do I go about to make this recording available to be used in the:

a) Family Court - in the form of transcripting this in the Affidavit for the Judge and Family Consultant to be aware of the false allegations used to suspend the parenting orders.

b) Police - to charge the exwife for perjury in lying under affirmation/oath in court (again).
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
How did you obtain a copy of the recording in the first place?

My guess is you or your lawyer was provided a copy for a matter in the magistrates court regarding the IVO ???

If so, you would need to seek leave from the Judge in the Magistrates Court to provide the recording to the Family Court and or Family Consultant.

Alternatively, You know this recording exists, so in the Family Court you could issue a subpoena on the VIC Police requesting specifically that recording (date, times, Office conducting recording etc.) Along with any other documents they might have.
Then that information would be supplied to the Family Court and you would be able to use it there.

This would be at least a 4 week exercise probably closer to 6 or 8, a bit of running around and about $150ish in Subpoenaing. You could then transcribe the information obtained in the Family Court without fear of getting in trouble.

Next part is probably not good advice.
But if I had SOLID Proof that the Ex had pulled some kind of stunt based on 100% lies and again I could prove it.

Then i'd type up an Affidavit explaining what happened, highlight the obvious lies and attach a transcript of the recording as an annexure.

I might do this because the Family Court is the Wild West sometimes and the BS my ex got away with is ridiculous. It would likely tip the Family Consultant back in your favour and help you get new orders for time with the kids again which would override the new IVO.

cant help you with perjury no idea.
I'm not a lawyer so the above is just my thoughts.
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
Yeah well my advice is as per above.

Evidence gained in Magistrates Court and Family Court are kept separate.

You will need permission from the Magistrates Court to use it externally or Subpoena the information in the Family Court.

Or go to the police station and ask them if they will provide you a copy? Then you could use that in Family Court.

Good luck.