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Recording Ex's Phone Calls - Counter DVO's Apply?

Discussion in 'Family Law Forum' started by Tegan Cole, 8 October 2014.

  1. Tegan Cole

    Tegan Cole Well-Known Member

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    My ex and I have counter Domestic Violence Order (DVO) on each other. In them, it stipulates that he can contact me with regards to the children and only the children. Can I record the conversations they have, as they are most of the time my ex trying to tell my kids that I am a bad mother.

    He is their stepfather and they don't know their real father, however I think he is going to try and get some sort of visitation or custody of children. Am I legally allowed under family law to record the conversation?
     
  2. Tegan Cole

    Tegan Cole Well-Known Member

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    Am I allowed to record the phone calls between my ex and the children. He is their step dad and we currently have counter DVOs on each other and he is only allowed to contact me to speak with the children. There is no Family court order in place
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Tegan,

    The short answer is no, you are not allowed to record telephone conversations without the caller's consent and knowledge or without a court warrant.

    This is tightly governed by the federal Telecommunications Act. You can read up more about it on the Information Commissioner's website.
     
  4. Tim W

    Tim W Lawyer

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    Victoria S likes this.

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